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NER Monthly Reports,Jan - Dec, FBOP, 1999

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u.s. Department of Justice

(

Federal Bureau of Prisons

Northeast Regional Office
U.

s.

CIIWtJl1I

2",/ &

House

C/U.'JIIIlIt Streel.t

Plli/,It/e/pllil'. PA. 19106

February 9, 1999

MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS

('

FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - January 1999

I. ADMiNISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

A. Admdnistrative Remedies - 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

167
199
174
192
0

B. Administrative Tort

- 1999

Cla~s

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 245
Rec'd in month 54
o
Recons. rec'd
Ans'd in month 57
Pending at End 242
o
Over 180 days
C. Tort Claim Investigation Status:
ALF ALM ALP ALtv BRO

(

D.~N

F"p•• :

Pending

5

3

13

1

10

5

3

Over 60 days

0

0

0

0

C

0

0

As of January 31, 1999

frD LSW LOR MCK NYM OTV RBK SCH

3358

12

8

1

000

19

1

5

1

000

1

0

0

(
D. FOI/Privacy Act Requests - 1999

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
14
24
22
16
5

E. FOIA Requests for records:
Pending
>20 days

II.

As of January 31, 1999

ALF ALM ALP ALW BRO 0AN 2AI F7D LEW L08.
0
0
0
0
0
0
0
J
...
0
0
0
0
0
0
0
0
.'

MCK

1
0

NYM OTV RBK SCH NER DEV
10200
0

o

0

0

0

0

0

LITIGATION ACTIVITY - 1999 NORTHEAST REGION

A. SUMMARY REPORT

Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
633
11
7

1
3

o
o
4
8

B. SETTLEMENTS AND

c.

(

A~S:

- None

SIGNIFICANT CASES, TRIALS or HEARINGS:

1. Carter v. Luther, Civil Action No. 94-72E (W.D.PA.) - Inmate
Joseph Carl Carter, 32856-004, alleged deliberate indifference to
his medical needs (asthma) by the former Warden at FCI McKean.
Specifically, he alleges that he personally advised the Warden
during his rounds through the SHU that the conditions (high
temperatures and poor air quality worsened his medical condition.
The case proceeded to trial on January 11, 1999. Assistant
Regional Counsel Toni Brown assisted the AUSA. After a three day
trial, the jury returned a verdict favorable to the government
defendant.

3359

3

2. United States v. Ajaj - (S.D.N.Y.) - Inmate Ahmad Ajaj,
40637-053, has been convicted of involvement in the World Trade
Center bombing.
Inmate Ajaj is at MCC NY for post-trial motions
and resentencing.
On January 29, 1999, there was a hearing
before Judge Duffy in regard to a hunger strike by inmate Ajaj.
Judge Duffy decided that if the inmate continued with his hunger
strike (necessitating hospitalization), the judge will cancel the
writ, return him to his prior institution , and the legal
proceedings will proceed in his absence.
If he eats, he can
remain at MCC NY.
The inmate is presently eating.
However, if
he resumes his hunger strike, MCC NY will arrange for him to be
sent back to his designated institution.
3. u.s. v. Atkins, Misc. Cr. No. 98-60-A (W.D.N.Y.) - Shawn
Atkins, 09302-055, is a state inmate serving a civil contempt
citation for up to 18 months for refusing to provide a grand jury
with sample fingerprints, saliva and handwritings. The inmate
challenged the conditions of confinement in administrative
detention at USP Lewisburg. The Federal Public Defender
requested that Atkins be housed in general population. The
inmate is serving a state sentence for attempted murder and has a
long record of discipline problems. On 2/2/99, Assistant
Regional Counsel Toni Brown testified before Judge Richard Arcara
in Buffalo, NY, concerning inmate Atkins' continued placement in
Administrative Detention at USP Lewisburg. Closing Argumen~s are
scheduled 2/17/99.
4 u.s. v. Roy Thomas, 98 Cr. 761 (S.D.N.Y.) - Correctional
Officer Roy Thomas was criminally indicted on charges of
conspiracy to violate 21 U.S.C. § 841(a) (to possess and
distribute 5 kilograms of a controlled substance) and 18 U.S.C. §
201(b) (2) (taking of bribes by a public official). The trial
lasted from January 11, 1999 through January 21, 1999. The
testimony at trial and the physical evidence revealed that
Thomas purposefully sought out the friendship of inmates with the
specific intent to engage in unlawful activities.
It took the
jury approximately 22 minutes to find Thomas guilty of all
charges. Thomas faces 10 years to life on the drug conspiracy
charge and up to 15 years on the bribery charge.
Sentencing is
scheduled for late April.
OPCOMcrNG BEARINGS/TRIALS - None
D. RELIGIOUS CASES: - No new activity
(

E. ENSIGN AMENDMENT CASES: - No new activity

3360

U.s. DepanunentofJustice
, Federal Bureau of Prisons
North Central Regional Office

Tower 1/, 8th Floor
400 State Street
Kansas City, KS 66101-2421

November 15, 1999

MEMORANDUM FOR CHRISTOPHER ERLEWINE
ASSISTANT DIRECTOR/GENERAL COUNSEL
GENERAL COUNSEL AND REVIEW DIVISION
FROM:

JOHN R. SHAW, Regional Counsel

SUBJECT:

Monthly Report (October 1999)

(',
LITIGATION. CLAIMS. AND ADMINISTRATIVE REMEDY STATISTICS

LITIGATION:

INST

NUM

He

FTC

SIV

OTH

ANS

PEN

CLD

HIf

SET

NCR

66

43

7

13

3

20

467

38

3

1

Total cases for Calendar'Year - 517

(

NUM- Number or total lawsuits iiled in tbe month
Number or babeas corpus actions filed in tbe reporting period
HCFrC- Number ofFfCA actions flied
RIV- Number of Bivens actions filed
OTH- Number of otber actions flied, e.g., mental bealtb, mandamus
ANS- Number of litigation reports completed
PEN- Number of cases pending
CLO- Number or cases closed
HIr- Number or bearings or trials (include in narrative)
SET- Number of settlements (include in narrative)
AWD- Number or Awards (include in narrative)

3561

AWD

(

\ North Central Region
Regional Counsel Monthly Report
October 1999
Page 2

ADMINISTRATIVE CLAIMS
JAN

FEB

MAR APR

MAY JUN

JUL

AUG

SEP

OCT

67

70

99

77

68

107

62

62

88

97

NOV

DEC

NOV

DEC

Total for Calendar Year - 797
Pending 303

Tort dBASE Files sent via e-mail to OOC, on 11/2/99
ADMINISTRATIVE REMEDIES

(

JAN

FEB

MAR

APR

MAY JUN

JUL

AUG

SEP

OCT

188

208

228

215

207

192

187

167

193

230

Total for Calendar Year - 201S

FREEDOM OF INFORMATION ACTIPRIVACY ACT REQUESTS

PRIVACY
ACT

FOIA

ACTUAL ON-HAND

17

4

ACTUAL RECEIVED

44

8

ACTUAL PROCESSED

64

4

ACTUAL BACKLOG

2*

1*

Total for Calendar Year - 684

•.L Requests awaiting the retrieval of records from the archives.

3562

• North Central Region
Regional Counsel Monthly Report
October 1999
Page 3

,r

\.

ADVERSE DECISIONS
Moore v. J.W. Booker. Jr., Case No. 99-3191-RDR, FPC Leavenworth
On September 30, 1999, District Judge Richard D. Rogers ruled against the agency in the abovereferenced § 2241 habeas action. The petitioner sought a one-year reduction in his sentence pursuant
to 18 U.S.C. § 3621 (e) after his successful completion ofthe residential phase ofthe RDAP program.
The petitioner began participation in the residential phase on September 30, 1998, and completed
the residential phase on July 21, 1999. Thus, the "new" policy was applied to them. Petitioner is
currently incarcerated at FPC, Leavenworth, serving a 78 month sentence for Distribution of Cocaine
in violation of 21 U.S.C. § 841(a)(I) and Aiding and Abetting in violation of 18 U.S.C. § 2.
Pursuant to § 2D1.1(b)(I) of the U.S.S.G., petitioner received a two-level enhancement for
possession of a dangerous weapon. His projected sentence satisfaction date is November 1, 2000,
via good conduct release.

(,

...

Sparks v. J.W. Booker, Case No. 99-3219-RDR, FPC Leavenworth
On September 30, 1999, District Judge Richard D. Rogers ruled against the agency in the abovereferenced § 2241 habeas action. The petitioner sought a one-year reduction in his sentence pursuant
to 18 U.S.C. § 3621 (e) after his successful completion ofthe residential phase ofthe RDAP program.
The petitioner began participation in the residential phase on September 30, 1998, and completed
the residential phase on July 21, 1999. Thus, the "new" policy was applied. Petitioner is currently
incarcerated at FPC, Leavenworth, serving a 48 month sentence for Conspiracy to Possess with
Intent to Distribute Methamphetamine in violation of21 U.S.C. §§ 841(a)(I) & 846. Pursuant to
§ 2D1.1(b)(I) of the U.S.S.G., petitioner received a two-level enhancement for possession of a
dangerous weapon. His projected sentence satisfaction date is July 18, 2001, via good conduct
release.
Rodripez v. Herrera, Case No. 99-K-1144, FeI Florence
Woodard v. Herren, Case No. 99-K-0876, FeI Florence
Two habeas petitions challenging denial of eligibility for early release under 3621 (e)(2)(B). Both
inmates were convicted of violating 21 U.S.C. §841(a)(I) and both had 2 point enhancements for
possession offireanns. Both have completed RDAP and were denied eligibility for early release as
exercise of Director's discretion. Judge Kane, relying in part on Ward v. Booker. granted both
petitions, holding that the BOP cannot refuse to consider either inmate for early release due to the
sentencing enhancement Judge ordered the BOP to immediately consider the inmates for early
release.
SETILEMENTS OR JUDGMENTS

(

Anderson v. United States, Case No. 98-C-0788-C, USP Marion
Plaintiff claimed he found feathers in a package of chicken wings he was served as part of his
common fare diet on June 2, 1997. He claimed he became very ill for three days and requests
compensation in the amount of $2500 for his alleged injury. Motion to dismiss for lack of

3563

(

· Nonh Central Region
Regional Counsel Monthly Report
October 1999
Page 4

jurisdiction and venue was denied 5/10/99. Stipulation and Order for Dismissal was filed August
13, 1999, in the amount of $500.00.
DECISIONS OF INTEREST
Walls v. Reno. et al., Case No. 98-658, FCI Greenville
This action brought under the Administrative Procedures Act was dismissed for lack ofjurisdiction.
Plaintiff challenged the interpretation of the classification manual. The court dismissed the action
pursuant to 18 U.S.C. §3625.
.
Massey and Otten v. Helman. et ai, Case No. 99-1459, FCI Pekin
Seventh Circuit appeal of Bivens case alleging violations of the First and Eighth Amendment rights
of the plaintiffs stemming from inappropriate medical care. Plaintiff Massey's claims dismissed
based upon his failure to exhaust pursuant to 1997(e). Plaintiff Otten's claims dismissed for failure
to state a claim.

(

Lewis v. United States, Case No. 98-64-JPG, USP Marion
Plaintiff alleged that staff were negligent in placing him in a housing unit with an inmate who posed
a threat, resulting in an serious assault. He sought $50,000 in compensatory damages for pain
suffered, periodic headaches and physical defonnity at the injury site. An Order filed October 13,
1999, adopted R & R that defendant's Motion to Dismiss be granted.
Law v. Pugh, Case No. 98-8-1980, FCI Florence
Plaintiff filed BivensIFTCA seeking monetary and injunctive relief for job change and loss of a
confiscated radio. Magistrate recommended that defendants' motion for summary judgment be
granted and judgment be entered for defendants on all claims. No right to specific job found and
plaintiff failed to follow procedures to recover confiscated property. On October 8, the District
Judge accepted the recommendation and entered judgment for all the defendants.

PENDING CASES OF INTEREST
Manley v. J. W. Booker, Case No. 99-9368-RDR, USP Leavenworth
In this action labeled an Emergency Writ ofHabeas Corpus, petitioner alleges deprivation ofmedical
care for a known serious and life threatening condition. As relief, he requests that he be transferred
to the Federal Medical Center in Springfield, Missouri for a bone marrow transplant.

(.

Staszak v. Romin~ Case No. 99-2519, FCI Sandstone
Inmate completed RDAP and was undergoing community-based treatment when the BOP received
notification from an AUSA that the inmate was involved in money-laundering and facing
prosecution. The BOP removed the inmate from the halfway house and RDAP but did not issue him
an incident report. While the inmate was eventually convicted of money-laundering, the conviction
related to criminal conduct that occurred before the inmate came into BOP custody. No specific

3564

u.s. Department of Justice

(

Federal Bureau of Prisons
Nonheasl Regional Office
U.S. ClI.';tum House

2",1 & CIlt'smut Streets
PIliladelphia, PA J9106

March 16, 1999
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - February 1999

I. ADMINISTRAT:IVE LEGAL ACTIVITIES - SUMMARY REPORT

(

A. Administrative Remedies - 1999

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
167
199
174
192

o

FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
192
148
211
129

o

B. Administrative Tort

Cla~s

- 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 245 242
Rec'd in month 54 63
o 3
Recons. rec'd
53
57
Ans'd in month
Pending at End 242 255
o o
Over 180 days

c.

Tort

C1a~

Pending
Over 60 days

Investigation Status:

As of February 28, 1999

ALF ALM ALP ALW BRO DAN FAI FTD LEW LOR MCK NYM OTV RBK SCH
5
3
9
2
7
5
2
9
10 1
5
3
2
6
2
000
0
0
2
0
0
000
0
0
0
0

3711

(

2

D. FOI/Privacy Act Requests' - 1999

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
14
16
24
29
22
27
16
18

5

2

E. FOIA Requests for records:

As of February 28, 1999

ALF ALM ALP ALW BRO DAN FA! FTD LEW LOR MCK NYM OTV RBK SCH NER
DEV
Pending
0
>20 days
0

II.
"

0

0

0

0

0

2

1

1

2

2

2

1

0

2

0

1

0

0

0

0

0

1

0

0

0

0

2

0

0

0

0

1

LITIGATION ACTIVITY - 1999 NORTHEAST REGION

"

( .....

A. SUMMARY REPORT

'"~

Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
633 636
11 16
7
7
3
1
3
5
1
0
0
0
2
4
8
8

B. SETTLEMENTS AND

~S:

1. Pedro Tejada v. United States, Civ. No. 97-1942 (D.N.J.)
FTCA action, plaintiff sustained wrist injury while playing
basketball in December 1995, and alleges FCr Fort Dix staff
delayed providing specialized treatment which resulted in
permanent disability. Case went to medication; settled for
$50,000.
2. Dewey Lee v. United States, Civ. No.
97-529 (M.D.Pa.)
rTCA action, plaintiff alleged personal property was stolen at
USP Allenwood in July 1996, because staff failed to secure

3712

plaintiff's cell within a reasonable time after he was taken to
SHU. Case settled for $650.

c.

(
\.

... -

3713

3

(

3. Pagan v. Atwood, et al., Civ. No. 3:97CV1798 (D.Conn)
Bivens action alleging FCI Danbury staff failed to protect from
sexual abuse (by male staff), and failed to provide adequate
medical care. Inmate had twins after sex with staff member who
was convicted for sexual abuse of a ward. Case was converted
into an FTCA action and settled for $5000.
C. SIGNIFICANT CASES, TRIALS or BEARINGS:
1. In re Enrigue Romero, Reg No. 08595-063, (M.D.Pa.) On
February 24, 1999, Judge Malcolm Muir issued an order authorizing
USP Lewisburg staff to forcibly medicate inmate Romero whose
mental and physical condition had deteriorated causing him to
refuse medication. On February 25, 1999, the inmate transferred
to USMCFP Springfield.
UPCOMING BEARINGS/TRIALS -

(

1. Holder v. Harding, 98-CV-656 (D. Conn)
Codianni-Robles v. Harding, 98-CV-1481 (D. Conn)
As discussed in prior monthly reports, FCI Danbury inmates Tinia
Holder, Reg. No. 09474-424, and Beatrice Codianni-Robles, Reg.
No. 11866-014, filed separate, similar motions requesting a
permanent injunction against the practice of cross-gender pat
searches at FCI Danbury. Both inmates have a history of being
sexually abused and are assigned to the "Bridge Unit", which is a
housing unit for women who have suffered traumatic experiences,
including sexual assault/abuse. The trial on the injunction
request has been scheduled March 1, 3, 4, 8, 12, 24, and 25.
2. United States v. Michael Leggett, Crim No. --- (M.D.Pa.) The
criminal trial of a federal inmate charged with assaulting his
former attorney is scheduled to begin March 10, 1999. Three USP
Lewisburg staff are scheduled to testify concerning the inmate's
behavior on the day of the assault.
D. RELIGIOOS CASES:

(,

1. Melvin Cooper v. J.W. Tippy, et al., Civ!~
(N.D.N.Y.) - A Report issued January 19, 1
denial of defendants' renewed motion to dis~
judgment. Plaintiff filed this Bivens actic
alleging that staff at FCI Ray Brook failed
religious dietary needs. Plaintiff, an Orth~
various instances where foods were either prE
with Jewish laws or contaminated, thus losing

3714

-758
'mending
summary
1994
iate his
sserted
nsistent
....,.,:,l1er

4

(

status.
Although defendants claimed corrective measures were
impl e mented to prevent su ch o ccur~ences . t h e c6urt found a
que sti on of fact existed a s to whether the defendants acted
intentionally in allowing the deficienc ies t o occur .

E . ENSIGN AMENDMENT CASES : F . PLRA 1915 DISMISSALS:

No new activity

None

III. TRAVEL AND LEAVE SCHEDULE FOR MARCH 1999 :

3715

u.s. Department of Justice

(
"

Federal Bureau of Prisons

Nonheast Regional Office
U.S. Custom House
21ld & Chesmu/ Streets
Philadelphia, PA /9/06

April 19, 1999
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS

(

FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - March 1999

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
....

A. Administrative Remedies - 1999
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
167
199
174
192
0

FEB
192
148
211
129

o

B. Administrative Tort

MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
129
192
177
144
0
Cla~s

- 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 245 242 255
Rec'd in month 54 63 70
o 3 1
Recons. rec'd
Ans'd in month 57 53 80
Pending at End 242 255 246
Over 180 days
o o 0
C. Tort Cla±m Investigation status:

As of March 31, 1999

ALF ALM ALP ALW BRa DAN FAr FTD LEW LOR MCK NYM OTV RBK SCH

\.

Pending
Over 60 days

3

a

3
0

5

a

2

a

8
0

2
0

2
0

8
1

3733

3
1

1
0

7

a

2

a

3
0

5
0

3
0

2

D. FOX/Privacy Act Requests - 1999
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 14 .16 18
Rec'd in month 24 29 31
Ans'd in month 22 27 42
7
Pending at End 16 18
Over 20 days
5
2
2

E.

FO~

Pending
>20 days

II.

Requests for records:

As of March 31, 1999

ALF ALM ALP ALW BRa DAN FA! FTO LEW LOR MCK NYM OTV RBK SCH NER OEV
1
0
0
0
1
0
0
0
1
0
1
0
0
1
2
1
0
0
0
Q 0 0
0
0
0
0
0
0
0
0
0
1
1
0

LITIGATION ACTIVITY - 1999 NORTHEAST REGION

A. SUMMARY REPORT

(

Cases Open
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
633 636 636
11 16 23
776
137
356
012
002
425
8
8 23

B. SETTLEMElrrS AND AWARDS:

1. Bottone v. United States, et.al., 97-Civ-1468 (S.D.N.Y.)
Plaintiff, Anthony Bottone, 30661-054, filed a FTCA action
alleging that while incarcerated at MCC NY he sustained an
electrical shock when his hand accidentally came in contact with
a defective electrical wall socket. Costs of trial would have
exceeded $5000. Case settled for S1000.

C. SIGNIFICANT CASES, TRIALS or BEARINGS:
1. Miscellaneous hearings at MCC New York:

(

On March 11, 1999, a teleconference was conducted with Judge
Amon, AUSA Jim Cavoli, Warden Hasty and Dominique Raia regarding

3734

3

C""

b" -Jr·
l'.!.""

the status of hunger strike of inmate
No action needed as inmate resumed eating.
On March 15, 1999, Jud
on proposed
Order to move inmate
from Hudson
County Jail to MCC New
Otisville for
several reasons (better access to counsel, more educational
programs and easier access to United States Attorney's Office).
\[)-1V
Dominique Raia advised Judge that latter" two stated reasons are
not accurate and we shouldn't move inmate for convenience of
attorney only, in addition to fact that we need bedspace for
inmates going to court. On March 18, 1999, Judge Preska advised
Dominique Raia that she would not grant the proposed Order.

defense attorney in March
sentenced to 34 months.

Crim No. --- (M.D.Pa.) Inmate
pled guilty to assaulting his
6. On March 23, 1999, he was

3. Treglia v. Art Beeler, Civil Action No. 98-2693 (D.N.J.) On
March 23, 1999, the United States District Court for the District
of New Jersey issued an Opinion and Order remanding the case to
consideration of whether Petitioner,
should be granted a reduction in
F_
\.f'""\1'-'
sentence under 18 U.S.C. § 3621(e) (2) (B). The Court found that
~
the Bureau impermissibly considered factors outside Petitioner's
current conviction to exclude him from early release eligibility
under 3621(e). Since case was decided under the revised
regulations. We have moved the Court to reconsider its decision.
5. Santos v. Art Beeler, Warden, CV-98-1347 (D.N.J.). On
March 9, 1999, the court ordered the petition for writ of habeas
corpus of Petitione
was ordered to
consider Petitioner
.
for possible early
b
reduction pursuant to
621 (e). The court felt t h e inmate was entitled to relief because the "inmate had almost
completed he RDAP before being advised he was not eligible.
At the time of the decision, the inmate was on home confinement
and only two weeks away from his release date. Based on the
facts of the case, no appeal was recommended and the inmate was
released.

'v

3735

(~'

4

UPCOMING BEARINGS/TRIALS -

, 1.

separate, slml ar mo
permanent in unction against the practice of cross-gender pat
searches at FCI Danbury. Both inmates have a history of being
sexually abused and are assigned to the "Bridge Unit", which is a
housing unit for women who have suffered traumatic experiences,
" ~ncluding sexual assault/abuse. The trial on the injunction
request continued on April 13 and 15. Summations and arguments
on pendi~g motions are scheduled for May 3, 1999.

(.. .
~

~

.

\]1 ("

Crim. 97-90-01-8 (D.N.H.) - Inmate_
filed a motion with his sentencing judge, Chief ~I~
oro, complaining that FCr Fairton denied a furlough
his mother's funeral. The court scheduled a hearing
23, 1999 and ordered that the staff member attend the
hearing. The Unit Manager advised the inmate he was not eligible
for the furlough because he waS out custody. Attorney Roberta
Truman and the Unit Manager will attend the hearing .
3-CV-99-0S12 (M.D.Pa.) - Inmate _
filed a petition requesting the court to
\~1~
nd is fe ra 0
se were not crimes of violence. At issue is ()'
Lewisburg Camp's preparation to notify local law enforcement
officials of the inmate's imminent release. One of the inmate's
convictions is for possession of an Uzi in violation of 26 u.s.c.
§ 5861. Magistrate Judge Smyser has scheduled a hearing on this
issue for Friday, April 30, 1999.
D. RELIGIOOS CASES:

1. Thomas Ash~Bey v .. 'Lt. Harold Fauntleroy, et al., 98-CV-1447
(DNJ). This is a ~jvens action filed against six FCI Ft~ Dix
employees. The, plaintiff alleges he was denied the right to wear
religious headgear (a fe:) on the compound:, He states When, he
attempted to file an ad~inistrative r~medy about this matter, his
counselor tore up his BP-8 and dismissed him. The plaintiff also
alleges he was given an incident report and transferred to
another institution in retaliation for his religious beliefs.
Plaintiff seeks one million dollars from each defendant as
compensation. ' He also seeks one million dollars from each
d~fendant in punitive damages~

3736

"

5

(

E . ENSIGN AMENDMENT CASES : - Wolf, et al. v . Reno, Civil No.
978 - 408 (W . D.Pa.) - Three inmates at FCr McKean have requested
injunctive type relief challenging the application of the Snsign
Amendment and the part of the Zimmer Amendment which p r ohibits
the showing of R, X, and NC - 17 films.
On March 25 , 1999, the
court denied a motion to dismiss, holding that the complaint
st a ted a v a lid first amendment claim.
The court did not address
the En sign Amendment issue since the Ensign Amendment wa s not
b e ing applied to these inmates .
F. PLRA 1915 DISMISSALS:

None

III. TRAVEL AND LEAVE SCHEDuLE FOR APRIL 1999:

(

3737

u.s. Department of Justice

(

Federal Bureau of Prisons

Northeast Regional Office
U.S. CIIS(()11I House •
21ld & Cheslllut Str('et.fj

Philadelphia, PA 19106

May 7, 1999
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
Re~ional

FROM:

Henry J. Sadowski,

SUBJECT:

Monthly Report - April 1999

I.

AD~NIST.RATrvE

Counsel

LEGAL ACTIVITIES - SUMMARY REPORT

A. Administrativa Remedies - 1999

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
167
199
174
192
0

FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
192 129 144
148 192 129
211 177 159
129 144 114
000

B. Administrative Tort

Cla~s

JAN FEB MAR
242 255
245
Pending on 1st
Rec'd in month 54 63 70
3
1
0
Recons. rec'd
Ans'd in month 57 53 80
Pending at End 242 255 246
0
0
0
Over 180 days

- 1999

APR MAY JUN JUL AUG SEP OCT NOV DEC
246
54
3

102
201
0

C. Tort Claim Investigation Status:

As of April 30, 1999

ALF ALM ALP ALW BRO DAN DEV FAI FTD LEW LOR MCK NYM OTV RBK

(
L ...

SCH

Pending

2

4

4

o

6

4

1

5

3762

5

9

9

3

4

6

4

7

(

Over 60 days
2

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

"<-

-

D. FOI/Privacy Act Reques t s
Pending on 1st
Rec ' d in month
Ans'd in month
Pending at End
Over 20 days

JAN
14
24
22
16
5

fE:B
16
29
27
18
2

1999

MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
7
18
31 55
42
30
7
32
2
2

E. FOIA Requests fo r r eco r ds :

As. of Apri l 30, 1999

ALF ALM ALP ALW BRO DAN DEV FAI FTD LEW LOR MCK NYM OTV RBK SCH
NER
Pending
0
>20 days

2

0

0

1

3

2

0

2

1

4

0

3

0

0

1

1

0

0

0

0

0

0

0

0

0

0

0

1

0

0

1

0

0

(

II .

LITIGATION ACTIVITY - 1999 NORTHEAST REGION

A . SUMMARY REPORT
Open on 1st
New Cases
Habeas Corpus
rTCA
Bivens
Other
Bivens/rTCA
Lit Reports
Cases Closed
B.

JAN rEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
633 636 642 642
11 16 ~3 22
7
7
6 12
7
1
3
4
3
5
4
6
,
0
1
1
,
0
0
0
4
S
6
<"
8
8 :3 13
~

~

SETTLEMENTS AND AWARDS : None

C. UPCOMING HEARINGS/TRIAL S : 1 . Holder v . Harding, 98- CV - 656 ( D.Conn.)
Codianni-Robles v. Hardinq, 98-CV- 1481

(

3763

(D.Conn)

against the practice of cross-gender pat searches at FeI Danbury.
The trial on the injunction request concluded on May 3, 1999.
Decision is pending.
2.

u.s.

v. Emery, Crim. 97-90-01-8 (D.N.H.) - Inmatetlllllt

(

.......

..

(.

3764

3

filed a motion with his sentencing judge, Chief
Judge Barbadoro, complaining that FCI Fairton denied a furlough
to attend his mother's funeral. The court scheduled a hearing
for April 23, 1999 and ord~red that FCI Fairton staff who denied
the furlough attend the hearing. The Unit Manager advised the
inmate he was not eligible for the furlough because he was not
. community custody. During the three hour hearing, the Bureau's
policy regarding furloughs and classification scoring were
clarified for the Court. The Judge declined to- rule on whether
FCI Fairton followed policy since the court found the furlough
decision did not impact on the underlying sentence in the pending
2255 petition. Attorney Roberta Truman and Unit Manager Rothbaum
-, . attended the hearing.

tIIIIIII

3-CV-99-0512 (M.D.Pa.) - Inmate
filed a petition requesting the court to
ra 0 ense were not crimes of violence. At issue is
Camp's preparation to notify local law enforcement
officials of the inmate's imminent release. One of the inmate's
convictions is for possession of an Uzi in violation of 26 u.s.c.
§ 5861. Magistrate Judge Smyser had scheduled a hearing on this
issue for Friday, April 30, 1999, but postponed the hearing
pending resolution of the defense of failure to exhaust.
4. U.S. v. Maisonet, 97 Cr. 817 (S.D.N.Y.)

(

On April 21, 1999, Judge Chin held a hearing on a request by the
defendant in this criminal case to be transferred to FCI
Otisville in order to have co-defendants meetings. Some of the
defendants are separatees based on SIS information that the
Maisonet organization s
t
some
members found out that
was a
government informant an
r
is connected
to his cooperation. As a result, inmate~ was slashed by
another member. The AUSA recommended co-~t meetings take
place in a room in t~e court building under Marshal's scrutiny.
The Wardens at both -FCI Otisville and MCC New York expressed
security concerns i.n having a co-defendants meetings.
Defendant's counsel also raised an issue at the hearing regarding
problems with legal visits at MCC New York:' They claimed they
w.eren't permi tted any documents in' SHU, and they weren't permi tted
to pass documents to their clients or bring in video or cassette
tapes. Clinton Stroble, Attorney Advisor, MCC New York, advised
the Court he was not aware of any such prohibitions, although
MCC does require 24 hours advanced written notice to bring video
tapes into the' institution.' He 'indicated that if problems arise,
the attorneys should speak to MCC NY Legal staff.

3765

.'

4

(

The Court did not order BOP to transfer the inmates to any
particular institution, but did order the BOP to make available a
proper room where videos and documents could be reviewed.
The
court was sympathetic to the need to have co-defendants meetings
and requested the government explore a way to allow the
defendants to have private co-defendant meetings.
The AUSA was
advised that MCC New York would prefer that co-defendant meetings
take place under u.s. Marshals supervision ; however, if the court
were to order MCC to host the meetings, the inmates would be
handcuffed and shackled. To date, no codefendants meetings have
been requested.

·0. RELIGIOUS CASES:

(

No new activity

E . ENSIGN AMENDMENT CASES: - Wolf, et al. v. Reno, Civil No.
978-408 (W.D.Pa.) - This case was discussed in last month's
report. Three inma tes at feI McKean have requested injunctive
t ype relief challenging the application of the Ensign Amendment
and the part of the Zimmer Amendment which prohibits the showing
of R, X, and NC-17 films.
On March 25, 1999, the court denied a
motion to dismiss, holding that the complaint stated a valid
first amendment claim. The court did not address the Ensign
Amendment issue since the Ensign Amendment was not being applied
to these inmates.
A "Motion in Opposition to Class
Certification" is being filed as well as discovery responses to
the Plaintiffs' first set of discovery requests.
F. PLRA 1915 DISMISSALS:

None

III. TRAVEL AND LEAVE SCHEDULE FOR MAY 1999:

3766

u.s. Department of Justice
Federal Bureau of Prisons

Nonheast Regional Office
U.S. C'l.ftom HOllse
211(1 & Cheslllill Streets
PhiillJelpiliu. PA 19106

May 7, 1999

MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel.

SUBJECT:

Monthly Report - April 1999

I. ADHINISTRAT:IVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

167 192 129
199 148 192
174 211 177
192 129 144
000

B. Administrative Tort

144
129
159
114
0

Cla~s

- 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 245 242 255 246
63 70 54
Rec'd in month 54
o 313
Recons. rec'd
Ans'd in month 57 53 80 102
Pending at End 242 255 ~46 201
o 000
Over 180 days
C. Tort Cla±m Investigation Status:

As of April 30, 1999

ALF ALM ALP ALW BRO DAN DEV FAI FTO LEW LOR MCK NYM OTV RBK

('

SCH
Pending
5

2

4

4

o

6

4

1

3776

5

9

9

3

4

6

4

7

(

Over 60 days
2

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

2

-

D. FOI /Pr i v acy Ac t Reque s t s
Pending on 1st
Rec ' d in month
Ans ' d in month
Pending at End
Over 20 days

JAN
14
24
22
16
5

FEB
16
29
27
IS
2

MAR
IS
31
42
7
2

1999

APR MAY JUN JUL AUG SEP OCT NOV DEC
7
55
30
32
2

E. FOIA Requests for r ecords :

As. of April 30, 1999

ALF ALM ALP ALW BRa DAN DEV FAr FTD LEW LOR MCK NYM OTV RBK SCH
NER
Pending
0
>20 days
0

(

II.

2

0

a

1

3

2

0

2

1

4

0

3

a

0

1

1

0

a

0

0

a

a

0

0

a

a

0

1

0

0

1

0

LITIGATION ACTIVITY - 1999 NORTHEAST REGION

A. SUMMARY REPORT

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens / FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
633 636 642 642
11
16 23 22
7
7
6
12
7
1
3
4
3
5
6
4
1
2
0
1
2
0
0
0
2
5
S
4
S . S 23 13

B. SETTLEMENTS AND 'AWARDS : None
C . UPCOMING HEARINGS/TRI ALS : -

1 . Holder v. Harding , 9S - CV - 656 (D.Conn.)
Codianni -Robles v. Harding, 9S-CV-14Sl (D . Conn)

..
filed

3777

b IG

against the practice of cross-gender pat searches at FCI Danbury.
The trial on the injunction r~quest concluded on May 3, 1999.
Decision is pending.
2.

u.s.

v. Emery, Crim. 97-90-01-8 (D.N.H.) - rnmatellllllt

(
'"

......

.'

(

3778

3

, filed a motion with his sentencing judge, Chief
Judge Barbadoro, complaining that FeI Fairton denied a furlough
to attend his mother's funeral. The court scheduled a hearing
for April 23, 1999 and ordered that FeI Fairton staff who denied
the furlough attend the hearing. The Unit Manager advised the
inmate he was not eligible for ~he furlough because he was not
community custody. During the three hour hearing, the Bureau's
policy regarding furloughs and classification scoring were
clarified for the Court. The Judge declined to rule on whether
FC! Fairton followed policy since the court found the furlough
decision did not impact on the underlying sentence in the pending
2255 petition. Attorney Roberta Truman and Unit Manager Rothbaum
., :attended the hearing.
3-CV-99-0512 (M.D.Pa.) - Inmate ~
filed a petition requesting the court to
s
ra 0 ense were not crimes of violence. At issue is
Lewisburg Camp's preparation to notify local law enforcement
officials of the inmate's imminent release. One of the inmate's
convictions is for possession of an Uzi in violation of 26 U.S.C.
§ 5861. Magistrate Judge Smyser had scheduled a .hearing on this
issue for Friday, April 30, 1999, but postponed the hearing
pending resolution of the defense of failure to exhaust.
4.

(

u.s. v. Maisonet, 97 Cr. 817 (S.D.N.Y.)

On April 21, 1999, Judge Chin held a hearing on a request by the
defendant in this criminal case to be transferred to FCI
Otisville in order to have co-defendants meetings. Some of the
defendants are separatees based on SIS information that the
Maisonet organization s lit
actions because some
was a
members found qut that
government informant a
eve
r ncarcera
n is connected
to his cooperation .. As a result, i n m a t e _ was slashed by
another member. The AUSA recommended co~t meetings take
place in a room in toe court building under Marshal's scrutiny.
The Wardens at both -FCI Otisville and MCC New York expressed
security concerns tti having a co-defendants meetings.
Defendant's courrsel also raised an issue at. the hearing regarding
problems with legal visits at MCC New York.' They claimed they
w.eren't permitted any documents in' SHU 'and they weren't permitted
to pass documents to their clients or bring in video or cassette
tapes. Clinton Stroble, Attorney Advisor, MCC New York, advised
the Court he was not aware of ~ny such prohibitions, although
MCC does requi~e 24 hours ~dvanced written notice to bring video
tapes into the institution. He 'indicated that if problems arise,
the attorneys should speak to MCC NY Legal staff.

3779

..

4

(

The Court did not order BOP to transfer the inmates to any
particu l ar institution, but did or der the BOP to make available a
proper room where videos and documents could be reviewed . The
court was sympathetic to the need t o have co - defendants meetings
and requested the go v ernment expl o re a way to allow the
defendants to have private co-defendant meetings.
The AU SA was
advised t h at MCC New York would prefer that co - defendant meetings
take place under U.S. Marshals supervision; however, if the court
were to order MCC to host the meetings, the inmates would be
handcuffed and shackled.
To date , no codefendants meetings have
been requ e sted.
' D. RELIGIOUS CASES :

(

No new acti v ity

E . ENSIGN AMENDMENT CASES : - Wolf, et al . v. Reno , Civil No .
978 - 408 (W.D.Pa.) - This case was discussed in last month's
report. Three inmates at fCI McKean have requested injunctive
type relief challenging the appli c ation of the Ensign Amendment
and the part of the Zimmer Amendment which prohibits the showing
of R, X, and NC - 17 films.
On March 25, 1999 , the court den i ed a
motion to dismiss , holding that the complaint stated a valid
first amendment claim.
The court did n o t address the Ensign
Amendment issue since the Ensign Amendment was not being applied
to these inmates . A "Motion in Opposition to Class
Certification" is being filed as well asdisco~ery responses to
the Plaintiffs' first set of discovery requests.
F. PLRA 19 1 5 DISMI SSALS :

None

II I . TRAVEL AND LEAVE SCHEDULE FOR MAY 1 99 9:

l
3780

U.S.~pa~entofJusdce

Federal Bureau of Prisons
Nonheast Regional OjJice
U.S. Custom House,
2nd & Chestnut Streets
Phi/Ddelphia. PA 19106

June 15, 1999

MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - May 1999

I. ADMINISTRATIVE LEGAL ACTIVITIES - SmomRY REPORT
A. Administrative Remedies - 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

167
199
174
192
0

192
148
211
129

o

B. Administrative Tort

129
192
177
144
0

144
129
159
114
0

C1a~s

114
168
121
161
0
- 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 245 242 255 246 201
Rec'd in month 54 63 70 54 68
Recons. rec'd
0
3
133
Ans'd in month 57 53 80 102 61
Pending at End 242 255 246 201 211
Over 180 days
0
o 0 0 0
C. Tort

C1a~

Investigation Status:

As of May 31, 1999

ALF ALM ALP ALW BRO DAN DEV FAI FTD LEW LOR MCK NYM OTV RBK
SCH

Pending

1

5

6

1

3

408

3

3813

632

2

1

1

8

imposed, but not yet started, because she was serving other old
law federal sentences). The Court held that the evidence
"overwhelmingly indicates that Judge Lew specifically addressed
the issue of a concurrent West Virginia sentence in his
application of § 5Gl.3 of the sentencing guidelines. The
3

California sentence, therefore, runs concurrently with the West
Virginia sentence." We respectfully disagree with the district
court and we are reviewing grounds for an appeal.

C. UPCOMING BEARINGS/TRIALS: -

1. Holder v. Harding, 98-CV-656 (D.Conn.)
Codianni-Robles v. Harding, 98-CV-1481 (D. Conn)
Decision is STILL pending.

(

2. United States v. Yu (SDNY)On May 20, 1999, MCC NY Education Specialist Oliver Brown
testified at a suppression hearing held in the above-referenced
case. Inmate Yu, Reg. No. 33687-054, argued that he did not
u~derstand the BOP form regarding monitoring of phone calls. Mr.
Brown testified regarding the inmate's literacy level, English
proficiency, etc. Dominique Raia assisted the AUSA.
D. RELIGIOUS CASES:

No new activity

E. ENSIGN AMENDMENT CASES: - Wolf, et ale v. Reno, Civil No.
978-408 (WDPA) - This case was discussed in prior reports. Three
inmates at FCI McKean have requested injunctive type relief
challenging the application of the Ensign Amendment and the part
of the Zimmer Amendment which prohibits the showing of R, X, and
NC-17 films. On March 25, 1999, the court denied a motion to
dismiss, holding that the complaint stated a valid first
amendment claim. No change in status.
F. PLRA 1915 DISMISSALS:

None

III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:

1. United States v. Roy Thomas, 98 CR. 761) (SDNY)Former MCC New York Correctional Officer Roy Thomas, 43639-054,
received a 210 month sentence for conspiracy to possess more than
50 kilograms of cocaine and public corruption. The Sentencing
Judge noted that although Thomas became like the inmates he had
the responsibility to guard, she reduced his sentence because of

3814

(

his outstanding military record .
United States v. Heatley, (SONY) - On May 14, 1999, inmate
2.
Clarence Heatley, 39015-054, was s c heduled to receive a life
sentenced, but accepted a plea agreement which postponed the
4
sentencing.
Prior to sentencing, inmate Heatley submitted a
letter to the Court challenging his confinement in administrative
detention.
The Court ruled that since the inmate failed to
exhaust the issue was not properly before the Court.
Dominique
Raia assisted the AUSA.
~.

United States v . Cruz , 97 - CR- 577 (EDNY) - On May 21, 1999,
former MDC Brooklyn staff member Alberto Cruz was sentenced to
one month imprisonment, 5 months home detention,- 2 years
supervised release, a $2,000 . 00 fine and assessment.
Mr. Cruz,
who pled guilty to a bribery charge, was one of the individuals
indicted in the "Badfellas' sting operation .
Two more defendants
are scheduled for sentencing in the near future .

(,

4. United States v. John Jay Powers, (DNJ) - On May 21, 1999,
inmate John Jay Powers, Reg. No. 03220-028, was arraigned and
pled not guilty, for his escape from FCI Fairton.
5. United States v. Acosta-Gonzalez , (MDPA) - A June 28, 1999
trial is scheduled for USP Lewisburg inmate Rafael
Acosta-Gonzalez, Reg. No. 00279-112 for possession of a knife and
assault.
IV. TRAVEL AND LEAVE SCHEDULE FOR MAY 1999:

(

3815

u.s. Department of Justice

(

Federal Bureau of Prisons
Nonheast Regional Office
U.S. Cusrom House
2nd & Chesl1Ull Streets

PhilmJeJphia, PA 19106

July 16, 1999
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - June 1999

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

(.

A. Administrative Remedies - 1999
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
167
199
174
192

o

FEB
192
148
211
129
0

MAR
129
192
177
144
0

APR
144
129
159
114
0

MAY
114
168
121
161
0

JUN JUL AUG SEP OCT NOV DEC
161
186
178
169
0

B. Administrative Tort Claims - 1999
Pending on 1st
Rec'd in month
Recons. rec'd
Ans'd in month
Pending at End
Over 180 days

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
245 242 255 246 201 211
54 63 70 54 68 78
1
0
3
3
3
1
57 53 80 102 61 70
242 255 246 201 211 220
0
0
0
a a 0

C. Tort Claim Investigation status:

As of June 30, 1999

ALF ALM ALP ALW BRO DAN DEV FAI FTD LEW LOR MCK NYM OTV RBK

(

SCH

Pending

578

4

4

9

0

3

3834

6

9

4

3

9

6

8

17

(

Over 60 days

o

0

o

o

o

o

o

o

o

o

o

o

o

o

o

o

2

D . FOI / Privacy Ac t Requests - 19 99
Pending on 1st
Rec'd in month
An s ' d in month
Pending at End
' Ove r 20 days

JAN
14
24
22
16
5

FEB
16
29
27
18
2

MAR
18
31
42
7
2

APR
7
55
30
32
2

E . Fo rA Requests f o r recor d s:

MAY JUN JUL AUG SEP OCT NOV DEC.
32 22
24 . 49
34 44
22 27
2
1

As of June 30 , 1 99 9

ALF ALM ALP ALW BRO DAN DEV FAI FTD LEW LOR MCR NYM OTV RBR SCH
NER
Pending

(

0
>20 days
0

II.

1

0

1

0

1

0

0

0

0

4

2

3

0

3

5

7

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1

• Archived records

LITI GATION ACTIVI TY - 1 999 NORTHEAST REGI ON

A . SUMMARY REPORT
Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
633 636 642 642 651 660
11 16 23 22 20 12
7
6 12 10
7
7
7
3
4
4
2
1
4
6
3
5
3
3
.1
2
1
0
0
3
0
2
0
0
0
0
4 ·v · 2
5
8 18 15
8 23 13 11 174
8

B. SETTLEMENTS/AWARDS / ADVERSE OPINIONS:

(

1) Beasley v. Alexander,3:CV- 96-1464(M . D. PA)
The case, converted from a Bivens action· to a FTeA case, was
settled for $1" 750 . 00.
Foz:mer inmate
11IIIIIIII alleged staff misconduct during
~ces at USP Lewisburg.

3835

(

2) Powell v. United States, 3:CV-95-0564 (MDPA)
21 1999 Jud e Kosik awarded S10,500 to inmate WIIIIIIII
in this FTCA case, in which the inmate
stated he fell from his upper bunk while housed at USP Allenwood

\n<\V
v

3

in 1994. Powell, a diabetic who had been issued a lower bunk
slip and not provided a lower bunk, claimed he became
hypoglycemic and sustained ipjuries when he fell from his upper
. bunk. After a trial on' damages, the inmate was awarded money for
pain and suffering and an irre
which
'. -"caused a ermanent scar.
C. BEAlUNGS/!rRIALS:

('

1. United States v. Wadih Elias El-Hage (S.D.N.Y.)
On June 29, 1999, a hearing was held b.efore Judge Sand conce¥nin
M sur
SAM) imposed on inmate
and whether a June 14,
99
o allow contact visits
between the inmate and his family, should be vacated. The
defendant had become violent at a hearing in Court and had to be
subdued by the Marshals. Warden Hasty wanted the order vacated
and advised the Judge that security dictated a non-contact visit
to avoid the risk of harming anyone should the inmate have a
similar violent outburst. Judge Sand was sympathetic and stated
he did not want to undermine the Warden's opinion or put the
Warden in a position of exposing staff to security risks. He
deferred to the Warden and vacated the Order without prejudice.
2. Schurkman v. United States. et. al., 99-CV-2348 CD.N.J.)
June 4, 1999, Judge Orlofsky held a hearing rwerdin a
f
FCI Ft. Dix inmate
who alleged he was en~e a legal
s
orney on May 9, 1999. Due to an administrative
error with paperwo~.k, the inmate's attorney was not permitted to
visit when he arrived on that day. At the hearing, the inmate's
attorney raised other visiting room concerns. The AUSA argued
t,hat ,th~ inmate had not, exhausted., Bo·th parties agreed to
informally resolve the issue. On June 22, 1999, the inmate's
attorney agreed to withdraw the case without prejudice. Attorney
Advisor Joyce Horikawa assisted the AUSA
3. Harris v. United States 'Civ.. ~No. 98-6745 (E.D.PA.)
On June 9, 1999, a mediation hearing was held in this FTCA action
filed by former inmate George Harris who alleged that he slipped

3836

"

(,

and fell on the West Compound at FCI Fort Dix on January 8, 1996.
He alleges that he severely injured his leg~ was denied adequate
medical care, and as a result, is now disabled and needs
continued medical care. Our investigation indicated that he
injured his leg on January 8, 1996, when he jumped from a third
floor window of his ho using unit during the Blizzard of 1996,
4

over a bet for a carton of cigarettes. The available medical
records indicate that he was provided appropriate medial care
while housed at FCI Ft. Dix. On February 6, 1998, Plaintiff was
released from Bureau of Prisons custody. There is no record that
Plaintiff experienced any complications associated with his
·'injured leg prior to his release from FCI Fort Dix.
Mediation
was unsuccessful. Trial is expected on October 15, 1999.
Joyce
Horikawa assisted the AUSA .
4.

(

v

On
, a
s corpus
action brought by inmate
Judge Johnson
had ordered that Pringle
condition that he
waived deportation. There as no confirmation from INS that
Pringle had waived deportation , so MDC Brooklyn kept the inmate in
custody.
Prior to the habeas hearing, the government had
appealed Pringle's sente nce . At the hearing, Pringle alleged
that his sentence had expired and he no longer belonged in BOP
custody.
It was agreed by the parties that Judge Johnson lacked
jurisdiction to amend the sentence since the case was now before
the court of appeals . Nevertheless, Judge Johnson stated that he
believed the sentence was illegal. Judge Johnson decided that he
would order Pringle turned over to INS, with the added proviso
that he not be deported until resolution of the government's
appeal. The AUSA indicated to Judge Johnson that Pringle might
not get credit toward his potential amended sentence for time
spent in INS custody pending deportation.
Judge Johnson
indicated that in any resentencing, he believed he could take
into account any time spent in INS custody not credited by the
BOP.
Pringle was subsequently transferred to INS custody.
Attorney Advisor Le,s Owen assisted the AU SA at the hearing.
98-2548 (2 d Cir.)
On June , 9, 1999, oral arguments were heard in the United States
the Second Circuit.
Former i n m a t e _
appealed the district court decisio~
or a writ of habeas corpus.
The petition alleged
that the ' BOP unlawfull y denied Las orsa's request for an early
release (under 18 U. S.c. 3621 tel' (2) (B)) by classifying his
conviction for possession w/I/d heroin as a crime of violence,
based on P . S. 5162.02 and 28 C .F.R. 550 .5 8 (1997), because

'O'lG

5) Lasorsa v . Menifee , No.

3837

b1G

(

'\

Lasorsa received a two-level sentence enhancement for possession
of a weapon.
The district court found the BOP properly exercised its
discretion by declining to release certain inmates early,
specificall y those who simultaneously possessed a firearm in
5
committing a drug offense.
Based on the record, the district
court noted the BOP correctly disavowed any reliance on the
conclusion that Las orsa 's drug offense constituted a crime of
viol ence, and the court acknowledged that the asserted reasons
for Lasorsa's denial were adequate.
Oral argument went well and on June 22, 1999, the Court issued a
summary order affirming the District Court's judgment "
substantially for the reasons stated by the district court in its
opinions and orders." Assistant Regional Counsel Toni Brown
assisted the AUSA with the case.
D. RELIGIOUS CASES:

No new activity

E. ENSIGN AMENDMENT CASES: - No new activity

(

F. PLRA 1915 DISMISSALS:
1) Richards v . Emor y No. 98-7518 (3d Cir 1999)
Third Circuit affirmed district court's dismissal of the civil
rights case as friv olous pursuant to 28 USC § 1915 (e) (2) (b) (I)
because under Sandin, the inmate did not have a liberty interest
in ~emaining free from disciplinary confinement.
III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:

TRIALS/SENTENCING:

1. Uni

,
year's, 3
r inmate
in·» February
On June 22, 1999, inmate
was sentenced to 8 years, 9 months for
murder.

2.
On June
convicted
pending.

was
is

IV . TRAVEL AND LEAVE SCHEDULE FOR JULy 1999:

3838

u.s. Department of Justice

r

Federal Bureau of Prisons

Nonheast Regional Office

u.s. Custom House
2nd &: Chestnut Slreets
Philadelphia. PA 19106

August 11, 1999
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - July 1999

I. ADKINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

A. Administrative Remedies - 1999
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
167
199
174
192
0

FEB
192
148
211
129

o

B. Administrative Tort

MAR APR MAY
129 144 114
192 129 168
177 159 121
144 114 161
000
Cla~s

JUN
161
186
178
169

o

JUL AUG SEP OCT NOV DEC
169
170
192
147

o

- 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 245 242 255 246 201 211 220
Rec'd in month 54 63 70 54 68 78 86
o 3 133 1 o
Recons. rec'd
Ans'd in month 57 53 80 102 61 70 72
Pending at End 242 255 246 201 211 220 234
o 0 000 0 o
Over 180 days

c.

Tort

Cla~

Investigation Status:

As of July 31, 1999

ALF ALM ALP ALW BRO DAN DEV FA! FTD LEW LOR MCK NYM OTV RBK
SCH
Pending
2

3

6

8

177

185

3905

6

3

6

4

7

22

(

Over 60 days

o

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

2

D. FOI/Privacy Act Requests - 1999

JAN
14
24
22

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days
-E~'

1~

FEB
16
29
27
18
2

MAR APR MAY
18
7 32
31 55 24
42 30 34
7
32 22
2

2

F01A Requests for records:

JUN
22
49
44
27

2

JUL AUG SEP OCT NOV DEC
27
43
36

34

1

1

As of July 31, 1999

ALF ALM ALP ALW BRa DAN DEV FAI FTD LEW LOR MCK NYM OTV RBK SCH
NER
Pending

6

0

2

0

0

4

1

2

1

6

2

1

1

0

0

1

0

0

0

0

0

0

0

0

·0 .

1*

0

0

0

0

0

0

0

>20 days
0

(

II.

* Archived records
LITIGATION ACTIVITY - 1999 NORTHEAST REGION

A. SUMMARY REPORT
Open on 1st
New Cases
Habeas Corpus
rTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
633 636 642 642 651 660 498
11 16 23 22 20 12 10
7
7
7
6 12 10
6
7
3
4
1
2
4
1
5
6
4
3
3
3
2
2
0
1
3
0
1
1
0
2
0
0
0
0
0
2
5
8 18 15
4
7
8 .8 23 13 11 174
9

8. SETTLEMENTS/A~S/ADVERSE and FAVORABLE OPINIONS:
>

1.
et.al. Civ. No. 97-402E (WDPA")
Inmate
utren"tly at USP Lompoc, filed
this FTCA case a
staff at FeI McKean negligently
restrained him in four point restraints for an extended period of
time (specifically, in restraints for 89 hours (70 of which were
in four points» in April 1997 .. His administrative tort claim
requesting $500,000 was denied. Case settled for $1000.00
because of potential liability and poor documentation.

3906

2. Robert Treglia v. Art Beeler
(DNJ) .
Habeas petition in which inmate
challenged the denial of a reduction
§ 3621 (e) (2) (8), based on the use of a two-level enhancement
under the United States Sentencing Guidelines for use or

(

''0'1 ~

3

possession of a firearm during a drug trafficking offense. The
petition was granted on March 28, 1999. A motion for
reconsideration and stay of judgment pending appeal were filed.
On July 22, 1999, Judge Simandle denied both the motion for
reconsideration and motion for stay of judgment. The Court
indicated that although it had no objection to the use of the two
level enhancement, it did object to the categorical
-, -"di-squalification of otherwise eligible inmates from sentence
reductions. The Court remanded the matter back to the BOP to do
an Nindividualized determination" as to whether inmate Treglia
should be granted early release. A decision was made that he
would not be granted early release.

('
\

'.,,0·

3. Ta eddin! v. Gluch
Co~n) Plaintiff, former nmate
filed
this pro se Bivens compla nt
alleging that
while housed at FCl Danbury, h.e was the victim of retaliatory
treatment. He alleges that after he filed a complaint against a
staff member, other staff members subjected him to a pattern of
harassment and retaliation which led to the filing of a false
incident report, placement in segregation, and denial of
appropriate footwear. After a settlement conference with a
Magistrate Judge, the Plaintiff, now represented by counsel, and
the government agreed to convert case into an FTCA action and
settle for $15,000.

b'1c....

592 (DNJ) - Habeas case \O'1Cchall~nged denial of
early release eligibility under 3621(e), based on a two point
enhancement for possession of a weapon during a drug trafficking
offense. Judge lrenas denied the petition, and held that the
denial was a valid ~~ercise of discretion afforded to the
Director of the BO~under the statute.
.'

(

5. Shepard v. Holland, et.al., Civ. No. 3:CV-97-0610 (MDPA)On July 19, 1999, Judge_ Kane denied a .Motion for Summary
Judgement in a ufailure to protect" Bivens action. The Court
finds material facts remain. The government contended that
\ot1
not in dispute. Plaintiff, inmate~
was a.ssaulted by a separatee who was housed
in SHU on the 'same range as the'Plaintiff. When staff were
putting the assailant's cellmate back into the cell, the
assailant slipped his cuffed hand from back to front, exited his

3907

~

(

SHU cell and assaulted the Plaintiff who was being returned from
outside recreation. All indications are that staff appropriately
followed all policies and procedures. The AUSA, with approval of
DOJ and OGC, has filed a protective notice of appeal and plans to
file an appeal on the qualified immunity argume~t.
4

c.
1.

BEARINGS/TaLALS: -

v.

Jiminez, 98 Cr. 00131 (SDNY)
was held for ide ical twins

--~~~~~~--------~--~--~--

udge Patterson was cons der ng a
imprisonment (guideline range was 33-41 months) due to his
., -- concerns that (1) the Bureau may not be able to meet the
educational and vocational n·eeds .of the inmates; (2) the Bureau
may not be able to protect these inmates due to their
cooperation; and (3) the possibility that the inmates may remain
at MCC NY for an extended period awaiting designation (they
already spent approximately 24 months at MCC NY).
In a written response, the Judge was advised· that the Bureau
would afford them ample opportunities for educational and
vocational training, that the inmates would not be designated to
a facility where they had a separatee, and that the designation
process would be expedited upon timely receipt of the J & C.
. ~~
Attorney Dominique Raia represented the Bureau at the hearing. b
The inmat~s were sentenced to 33 months
and 36 months
~with a three year term of supervised release.

tIIIIIt

2.In reo Ali, Mll-l89 (SDNY) - On July 27, 1999, there was a
ion hearin relating to this civil· contemnor, inmate
Judge Patterson heard evidence relating to
Ali's religious convictions. The inmate stated fears for his
safety and that of his family in Egypt as reasons why he refused
to testify before two grand juries on matters related to an
investigation of the Embassy bombings. At a previous hearing,
counsel for Ali raised concerns about the conditions of the
inmate's placement
administrative detention. The MCC NY
responded by letteE-' to the court. Attorney Dominique Raia
represented th& Bureau at the hearing. No further information
concerning the Bureau was requested by the'Court at the hearing.
'rhe c:ou~t decided to ma.intain inmate Ali -in civil contempt.

\)1C-

in

D. RELIGIOUS CASES:
E.

No new activity

ENSIGN AMENDMENT CASES: - N'o new activity

F. PLRA 1915 DISMISSALS:
1. Riddick v. Bogus 4:CV-08-2004 (MDPA)- Pro se inmate Kenneth

3908

·b"'1 C-

(

filed a claim alleging he was improperly
exposed to asbestos while assigned to the plumbing department at
USP Lewisburg.
The District Court dismissed the case as
frivolous pursuant to 28 U.S . C . § 1915(e) ( 2) (b) (I).
5

III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:

REFERRALS:
1. On July 25, 1999, while conducting a routine shakedown, the
MDC Brooklyn unit officer located five balloons (contain ing a
brown substance which later tested positive as heroin) wrapped in
.paper and cellophane.
Th e case has been referred to the U.S.
- Attorneys Office and accepted for prosecution.
The two inmates
are Young Choi,57446-053 and Jorge Zuluaga, 54115-053.
2. On July 12, 1999, correctional officers supervising the
visiting room at FCI McKean saw the vis itor of inmate Roderick
Thornhill, 04651-068, pass what was later identified as ten
balloons of marijuana (net weight 3 .1 grams).
The contraband was
recovered after the inmate was placed in a dry cell.
The case
has been referred and accepted for prosecution .
(

TRIALS/SENTENCING:

' ..

1. United States v. Dameon Daley , · 4 :CR-99-00 30 (M .D.P.A. )
On Jul
day trial, the jury acquitted
b'1C
inmate
charges that he assaulted
co
at USP Allenwood.
The AUSA assigned to the
matter stated that staff at USP Allenwood did an outstanding job

.Iii.lia,otihree
-.

-

-- -

-

--

-

--

,-

-.

.

-

IV. TRAVEL AND LEAVE SCHEDULE FOR AUGUST 1999:
. . . . . Trave.l - None Scheduled
Annual Leave - 8/19-9/2

- None Scheduled
Annual Leave - None Schedul~d

~ravel

Tr~vel - None Scheduled
Annual Leave - None Scheduled

Travel - None S~heduled
Annual Leave- None Scheduled
(

Travel - None Scheduled

3909

U.S. Department of Justice
Federal Bureau of Prisons

Nonheast Regional Office
U.S. Custom House
2nd & Chestnut Streets
Philadelphia, PA 19106

August 11, 1999

MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - July 1999

I. ADHnfISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

c,

A. Administrative Remedies - 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

167
199
174
192
0

192 129 144
148 192 129
211 177 159
129 144 114
000

114
168
121
161
0

161
186
178
169

o

169
170
192
147

o

B. Administrative Tort Claims - 1999

JAN FEB
Pending on 1st 245 242
Rec'd in month 54 63
Recons. rec'd
0
3
Ans'd in month 57 53
Pending at End 242 255
Over 180 days
0
0

MAR APR MAY

JUN JUL AUG SEP OCT NOV DEC

255 246 201 211 220
70 54 68 78 86
1
0
133
80 102 61 70 72
246 201 211 220 234
000
o 0

C. Tort Claim Investigation Status:

As of July 31, 1999

ALF ALM ALP ALW BRO DAN DEV FAI FTD LEW LOR MCK NYM OTV RBK
SCH

\.

Pending

368

177

1

2

3924

8

563

6

4

7

22

(

Habeas
U.S.C.
challenged the denial of
enhancement
§ 3621 (e) (2) (B) , based on the use
under the United States Sentencing Guidelines for use or
3
possession of a firearm during a drug trafficking offense.
The
petition was granted on March 28, 1999. A motion for
reconsideration and stay of judgment pending appeal were filed.
On July 22, 1999, Judge Simandle denied both the motion for
reconsideration and motion for stay of judgment. The Court
indicated that although it had no objection to the use of the two
level enhancement, it did object to the categorical
--disqualification of otherwise eligible inmates from sentence
'01
reductions . The Court remanded the matter back to the BOP to do
an "individualized determination" as to whether inmate . . . . . . . .
should be granted early release. A decision was made that he
would not be granted early release.

('

Conn) , former nmate
filed
this pro se Bivens compla
that
while housed at FCr Danbury,
was the victim of retaliatory
treatment. He alleges that after he filed a complaint against a
staff member, other staff members subjected him to a pattern of
harassment and retaliation which led to the filing of a false
incident report, placement in segregation, and denial of
appropriate footwear.
After a settlement conference with a
Magistrate Judge, the Plaintiff, now represented by counsel, and
the governme'n t agreed to convert case into an FTCA action and
settle for $15,000.

.'Ot1

CJ

c-

. 98-3592 (DNJ) - Habeas case ~ C/
in
.
challenged denial of VJ .
early
3621(e),
d on a two point
enhancement for possession of a weapon during a drug trafficking
offense.
Judge Irenas denied the petition, and held that the
denial was a valid exercise of discretion afforded to the
Director of the BOP' under the statute.

(

5. Shepard v. Holland, et.al., Civ. No. 3:CV-97-0610 (MDPA)
On July . 19, 1999, Judge . Kane denied a ·Motion for Summary
Judgement in a "failure to protect" Bivens action.
The Court
finds material facts remain . . The government contended that
'1~
e not ~n d~spute.
Pla~nt~ff, inmate ~
'0
was ~ssaulted by a separatee who was housed
in SHU on the ~ame range a~ the'Plaintiff. When staff were
putting the assailant's cellmate back into the cell, the
assailant slipped his cuffed hand from back to front, exited his

3925

(

SHU cell and assaulted the Plaintiff who was being returned from
outside recreation. All indications are that staff appropriately
followed all policies 'a nd procedures.
The AUSA, with approval of
OOJ and OGC, has filed a protective notice of appeal and plans to
file an appeal on the qualified immunity argument.
4

C. HEARINGS/TRIALS : 00131 (SONY)
ical t w i n s "
, Judge Patterson was cons
ing a downward departure
imprisonment (guideline range was 33-41 months) due to his
' concerns that (1) the Bureau may not be able to meet the
educational and vocational needs of the inmates; (2) the Bureau
may not be able to protect these inmates due to their
cooperation; and (3) the possibility that the inmates may remain
at MCC NY for an extended period awaiting designation (they
already spent approximately 24 months at MCC NY).
In a written response, the Judge was advised that the Bureau
would afford them ample opportunities for educational and
vocational training, that the inmates would not be designated to
a facility where they had a separatee, and that the designation
process would be expedited upon timely receipt of the J & C.
Attorney Dominique Raia represented the BurSL&U at the hearing.
The in~ates were sentenced to 33 months
and 36 months
. . . . . . . . with a three year term of supervised release.

tIIIIII

2.In re Ali

Mll-189 (SONY) - On July 27, 1999, there was a
relating to this civil contemnor, inmate
Judge Patterson heard evidence relating to
convictions . The inmate stated fears for his
safety and that of his family in Egypt as reasons why he refused
to testify before two grand juries on matters related to an
investigation of the Embassy bombings. At a previous hearing,
counsel for . . . . raised concerns about the conditions of the
inmate's placement in administrative detention.
The MCC NY
responded by lette~'to the court.
Attorney Dominique Raia
represented the' Bureau at the hearing.
No ,further information
concerning the Bureau was requested by the Court at the hearing.
T.he court decided to maintain inmate. in civil contempt.
D. RELIGIOUS CASES:

No new activity

E. ENSIGN AMENDMENT CASES: - No new activity

(

F. PLRA 1915 DISMISSALS:
1. Riddick v. Bogus 4:CV-08-2004

(MOPA)- Pro se inmate1lllllllt

3926

01

(j

(

filed a claim alleging he was improperly
exposed to asbestos while assigned to the plumbing department at
USP Lewisburg.
The District Court dismissed the case as
frivolous pursuant to 28 U.S.C. § 1915 (e) (2) (b) (I) .
5

III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:
REFERRALS:
1. On July 25, 1999, while conducting a routine shakedown, the
MDC Brooklyn unit officer located five balloons (containing a
brown substance which later tested positive as heroin) wrapped in
,paper and cellophane. The case has been referred to the u.s.
' Attorneys Office and accepted for prosecution.
The two inmates
are Young Choi, 57446-053 and Jorge Zuluaga, 54115-053.
2. On July 12, 1999, correctional officers supervising the
visiting room at FCI McKean saw the visitor of inmate Roderick
Thornhill, 04651-068, pass what was later identified as ten
balloons of marijuana (net weight 3.1 grams).
The contraband was
recovered after the inmate was placed in a dry cell.
The case
has been referred and accepted for prosecution.
('

TRIALS/SENTENCING:
1.
On

, 4 :CR- 99 -0030 (M. D. P.A.)
day trial, the jury acquitted
charges that he assaulted
correct
Allenwood.
The AUSA assigned to
matter stated that staff at USP Allenwood did
supporting the prosecution.

-

IV. TRAVEL AND LEAVE SCHEDULE FOR AUGUST 1999:

Travel - None Scheduled
Annual Leave - 8/19-9/2
....

Travel - None Scheduled
Annual Leave - None Scheduled
Travel - None Scheduled
Annual Leave - None Scheduled

(

,Travel - None Scheduled
Annual Leave - None Scheduled
Travel - None Scheduled

3927

U.S. Department of Justice
Federal Bureau of Prisons

Northeast Regional Office
U.S. Custom House
2nd &: Chestnut Slreets
PhilodelphiD. PA /9/06

August 11, 1999
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - July 1999

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

A. Administrative Remedies - i999
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
167
199
174
192

o

FEB
192
148
211
129
0

B. Admini$trative Tort

MAR
129
192
177
144
0

APR
144
129
159
114
0

Cla~s

MAY
114
168
121
161
0

JUN
161
186
178
169
0

JUL AUG SEP OCT NOV DEC
169
170
192
147

o

- 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 245 242 255 246 201 211 220
Rec'd in month 54 63 70 54 68 78 86
o 3 133 1 0
Recons. rec'd
Ans'd in month 57 53 80 102 61 70 72
Pending at End 242 255 246 201 211 220 234
o 0 0 0 0 0 0
Over 180 days
C .. Tort Claim J:nvestigation status:

As of July 31, 1999

ALF ALM ALP ALW BRO DAN DEV FA! FTD LEW LOR MCK NYM OTV RBK
SCH
I

t\

Pending

3

6

8

177

185

2

3883

6

3

6

4

7

22

(

Over 60 days

o

0

o

o

o

o

o

o

o

o

o

o

o

o

o

o

2

D. FOI/Privacy Act Requests - 1999
Pending on 1st
Rec'd in mont h
Ans'd in month
Pending at End
Over 20 days
" . 'E.

JAN
14
24
22
16
5

FEB
16
29
27
18
2

MAR APR MAY
7
32
18
31 55 24
42 30 34
7 32
22
2
2
2

FOIA Requests for records:

JUL AUG SEP OCT NOV DEC
27
43
36
34

JUN
22
49
44
27
1

1

As of July 31, 1999

ALF ALM ALP ALW BRa DAN DEV FAr FTD LEW LOR MCK NYM OTV RBK SCH
NER

Pending

6

o

2

o

o

4

1

2

1

6

2

1

1

o

o

1

>20 days

o

o

o

o

o

o

o

o

o

I"

0

o

o

o

o

o

o

o

* Archived records

•• •

('

II.

LITIGATION ACTIVITY - 1999 NORTHEAST REGION

A. SUMMARY REPORT
Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens /FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
633 636 642 642 651 660 498
11
16 23 22 20 12 10
7
7
7
6 12 10
6
7
1
3
4
4
1
2
4
3
3
5
6
3
2
o 1 2 1 3 o 1
o o 2 o o o o
7
2
5
8 18 15
4
8
8
23 13 11 174
9

B. SETTLEMENTS/AWARDS/ADVERSE and FAVORABLE OPINIONS:
Civ . No. 97-402E (WDPA)
currently at USP Lompoc, filed
case
sta
a t FCr McKean negligently
restrained him in four point restraints for an extended period of
time (specifically, in restraints for 89 hours (70 of which were
in four points,)) in April 199i.
His administrative tort claim
requesting $500,000 was denied. ' Ca se settled for $1000.00
because of potential liability and poor documentation.
1.

(

3888

2. Robert Treglia v. Art Beeler,
Habeas petition in which inmate
challenged the denial of a reduction in sentence
§ 3621 (e) (2) (B), based on the use of a two - level enhancement
under the United States Sentencing Guidelines for use or
3

(

possession of a firearm during a drug trafficking offense.
The
petition was granted on March 28, 1999. A motion for
reconside~ation and stay of judgment pending appeal were filed.
On July 22, 1999, Judge Simandle denied both the motion for
reconsideration and motion for stay of judgment.
The Court
indicated that although it had no objection to the use of the two
level enhancement, it did object to the categorical
: disqualification of otherwise eligible inmates from sentence
reductions. The Court remanded the matter back to the BOP to do
an "individualized determination" as to whether inmate Treglia
should be granted early release. A decision was made that he
would not be granted early release.
3. Ta
Conn) f, former .
filed
P
this pro se Bivens compla
that
while housed at FCI Daribury, he was the victim 6f retaliatory
treatment.
He alleges that after he filed a complaint against a
staff member, other staff members subjected him to a pattern of
harassment and retaliation which led to the filing of a false
incident report, placement in segregation, and denial of
appropriate footwear.
After a settlement conference with a
Magistrate Judge, the Plaintiff, now represented by counsel, and
the government agreed to convert case into an FTCA action and
settle for $15 , 000 .
4. S
92 (DNJ) - Habeas case
in
nma
challenged denial of '011
early release el
y
sed on a two point
enhancement for possession of a weapon during a drug trafficking
offense . • Judge Irenas denied the petition, and held that the
denial was a valid exercise of discretion afforded to the
Director of the Boe, under t he statute.

(

5. Shepard v. Holland, e t.al . , Civ. No . 3:CV-9 7 - 0610 (M DPA )
On July , 1 9, 1999, Judge . Kane d enied a ,Motion for Summary
J udgement i n a "failure to protect" Bivens action.
The Court
finds material facts remain.
The government contended that
b~~
not in dispute.
Plaintiff, inmate ~
was assaulted by a separatee who wa~ed
'n
on
range as the ' Plaintiff. When staff were
putting the assailant's cellmate back into the cell, the
assailant slipped his cuffed hand from back to front, exited his

3889

c..-

(

SHU cell and assaulted the Plaintiff who was being returned from
outside recreation. All indications are that staff appropriately
followed all policies and procedures. The AUSA, with approval of
DOJ and OGe, has filed a protective notice of appeal and plans to
file an appeal on the qualified immunity argument.
4

c.

BEARINGS/TR~S:

-

1.

ward
par ure or no
imprisonment (guideline range was 33-41 months) due to his
"' -~oncerns that (1) the Bureau may not be able to meet the
educational and vocational needs of the inmates; (2) the Bureau
may not be able to protect these inmates due to their
cooperation; and (3) the possibility that the inmates may remain
at MCC NY for an extended period awaiting designation (they
already spent approximately 24 months at MCC NY) .
"
In a written response, the Judge was advised that the Bureau
. would afford them ample opportunities for educational and
vocational training, that the inmates would not be designated'to
a facility where they had a separatee, and that the designation
process w~~ld be expedited upon timely receipt of the J & C.
~~~
Attorney Dominique Raia represented the Bureau at the hearing.
The inmates were sentenced to 33 months 4111111tand 36 months
with a three year term of super~elease.
2.In re Ali, Mll-189 (SONY) - On July 27, 1999, there was a
continuati
relating to this civil contemnor, ,inmate
Judge Patterson heard evidence relating to
victions. The inmate stated fears for his
safety and that of his family in Egypt as reasons why he refused
to testify before two grand juries on matters related to an
investigation of the Embassy bombings. At a previous hearin9,
counsel for Ali raised concerns about the conditions of the
inmate's placement in' administrative detention. The MCC NY
responded by letter. ,' to the court. Attorney Dominique Raia
represented the, Bureau at the hearing. No further information
concerning the Bureau was requested by the ~ourt ~t the hearing.
T.he ~ou~t decided to maintain inma,te Ali in civil contempt.
D. RELIGIOOS CASES:

E. ENSIGN

AMEND~

No new activity

CASES: - No new activity

F. PLRA 1915 DISN7SSALS:

1. Riddick v. Bogus 4:CV-08-2004 (MDPA)- Pro se inmate

3890

IIIIIIIr

"

(

filed a claim alleging he was improperly
while assigned to the plumbing department at
USP Lewisburg.
The District Court dismissed the case as
frivolous pursuant to 28 U. S .C. § 1915(e) (2 ) (b) (I).

\-:><1

e...

5

III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:
REFERRALS:
1. On July 25, 1999, while conducting a routine shakedown, the
MDC Brooklyn unit officer located five balloons (containi ng a
brown substance which later tested positive as heroin) wrapped in
paper and cellophane.
The case has been referred to the U.S.
·"Attorneys "O Office and accepted for prosecution.
The two inmates
are Young Choi, 57446-053 and Jorge Zuluaga, 54115-053.

1

2. On July 12, 1999, correctional officers supervising the
visiting room at FCI McKean saw the visitor of inmate Roderick
Thornhill, 04651 - 068 , pass what was later identified as ten
balloons of marijuana (net weight 3.1 grams).
The contraband was
recovered after the inmate was placed in a dry cell.
The case
has been referred and accepted for prosecution.

(

TRIALS/SENTENCING:
1. ~~~~~~~~~~~~~,

On

4:CR-99 -00 30 (M.D.P .A. )
day trial, the jury acqui.tted
charges that he assaulted
Allenwood.
The AUSA assigned to the
USP Alle

b'1 C.

b5
1999 :

(

3891

u.s. Department of Justice

(

Federal Bureau of Prisons

Nonheast Regional Office

u.s. Custom House
2nd &: Chesmut Slreets
Philtzdelphia, PA 19106

September 16, 1999
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - August 1999

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT
A. Administrative Remedies - 1999
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
167
199
174
192

a

FEB
192
148
211
129

a

B. Administrative Tort

MAR
129
192
177
144

APR
144
129
159
114

a

a

Cla~s

MAY
114
168
121
161

a

JUN
161
186
178
169

a

JUL
169
170
192
147

a

AUG SEP OCT NOV DEC
147
206
189
164

a

- 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 245 242 255 246 201 211 220 234
Rec'd in month 54 63 70 54 68 78 86 68
a 3 133 1
a 1
Recons. rec'd
57
53
80
102
61
70
72
60
Ans'd in month
Pending at End 242 255 246 201 211 220 234 243
Over 180 days
a a a 0 0 o o a

c.

Tort

Cla~

Investigation Status:

As of August 31, 1999

ALF ALM ALP ALW BRO DAN OEV FA! FTO LEW LOR MeK NYM OTV RBK
SCH

Pending

6

8

13

1

7

6

0

6

4343

7

7

9

1

10

6

5

20

Over 60 days

o

0

o·

0

0

0

0

0

0

0

0

0

0

0

o

0

(

2
FeI/Priva~

D.

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

Act Requests - 1999

JAN
14
24
22
16
5

FEB
16
29
27
18
2

MAR
18
31
42
7
2

APR
7
55
30
32
2

JUN
22
49
44
27
1

MAY
32
24
34
22
2

JUL
27
43
36
34
1

AUG SEP OCT NOV DEC
35*
40
36
31
2

* Thorough review of files indicate prior number was off by one.
E. FeIA Requests for records:

As of August 31, 1999

ALF ALM ALP ALW BRO DAN DEV FAI FTD LEW LOR MCK NYM OTV RBK SCH
NER
Pending
0
>20 days
0

5

4

0

2

4

0

2

3

2

2

0

1

0

1

5

0

0

0

0

0

0

0

0

0

0

2*

0

0

0

0

0

0

* Archived records

II.

LITIGATION ACTIVITY - 1999 NORTHEAST REGION

A. StJMMARY REPORT

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
633 636 642 642 651 660 498 499
11 16 23 22 20 12 10 12
7
7
6 12 10
5
7
6
7
3
1
4
1
4
2
1
5
6
5
4
3
3
3
2
1
2
0
1
3
0
1
1
0
0
0
0
0
0
0
2
2
5
8 18 15
7 11
4
8 23 13 11 174
8
9 15

B. SETTLEMEN'l'S/AWARDS/ADVERSE OPIN:IONS:

None.

c.

~NGS/TRIALS:

-

1) On August 31, 1999, a correctional officer at MCC NY
testified in an arbitration matter involving the termination of

4~44

(.....

(

an RPS delivery person. MCC NY had filed a complaint with the
delivery· company regarding this person who, after having been
warned in the past, left a package outside MCC NY which required
the canine bomb squad to be summoned.
Dominique Raia assisted
the staff member.
3
2) On August 24, 1999, Dominique Raia was summoned to court to
testify in front of Judge Stein regarding the release of records
a few months previously.
She was able to explain some of the
BOP's terms and, in general terms, spoke about separatees and
cooperators.

c.

3) Trudeau v. Bureau of Prisons, 95-2266 (D. Conn.) - Three
inmates, formerly at FCI Danbury, contend that the defendants
failed to follow the Bureau of Prisons common fare menu and
served them meals that were not nutritionally-balanced. They
claim that staff at FCI Danbury retaliated against them after
they made complaints about the common fare meals and the
preparation of such meals.
Discovery in this case concluded in
1996 and it resurfaced during the week of July 19, 1999. The
AUSA interviewed eight of the proposed witnesses on September 2,
1999. Jury selection was held September 9, 1999. The case has
been scheduled for trial October 26, 1999.
4) Bracciodieta v. U.S., 97-445(M.D.PA) - Inmate alleges that he
was beaten by staff while handcuffed in the Special Housing Unit
at USP Allenwood. Jury selection and trial scheduled ,for first
week in October.
5) United States v. Walker, 4:CR:97-0012(M.D.PA)- Inmate Lawyer
Lee Walker, 26727-083, was convicted of the assault of food
service worker at USP Lewisburg in July 1996. A resentencing
hearing was required by United States v. Walker, 149 F.3d 238 (3d
Cir,. 1998), in which the Court of Appeals implied that, for
sentencing guidelines purposes, all Bureau staff may not meet the
definition of law enforcement officer. On December 29, 1998, the
district court held that the evidence supported a finding that
the food service supervisor was a law enforcement officer for
purposes of the sentencing guidelines. A second appea~ was filed
and oral arguments are scheduled for September 23, 1999.

(
\..

6)United States v. Kones, Cr. No.
(E.D.PA) - During the week
of September 20, 1999, former inmate Richard Kones, 05192-079, is
being tried for willful failure to pay imposed fines.
While
serving his sentence at FCI Bastrop, the review of the inmate's
mail/telephone calls indicated that although he had a $4 million
fine, he was attempting to hide his financial assets. The
information was referred to the FBI which led to the pending

4345

criminal matter. Assistant Regional Counsel Toni Brown will be
assisting the AUSA with preparation and testimony of BOP
witnesses from NERO, FCI Bastrop and FMC Rochester.

(,

4

7) United States v. Vincent Mann, 1:99-CR-09-01-B (D.N.H.)
On September 10, 1999, Chief Judge Paul Barbadoro, District of
New Hampshire ordered a hearing "to determine whether any
officials of the Bureau of Prisons should be held in contempt"
for providing misleading information to the court for use at
sentencing.
On July 30, 1999, the Judge sentenced the defendant,
inmate Vincent Mann, 49594-019, to a 70 month sentence with a
recommendation that "once the defendant is eligible, he be
transferred to the ICC". At issue is whether a case manager at
the CCM office advised a u.S. Probation Office that an inmate
could be eligible for ICC placement if a sentence of 70 months is
imposed.
After sentencing, the court was advised that ICC
placement would not occur because the Bureau regulations
prohibits ICC
t for inmates serv
sentences in excess
of 60 months.

yp
(,

D. RELIGIOUS CASES:

Trudeau - see above.

E. ENSIGN AMENDMENT CASES: - No new activity
F. PLRA 1915 DISMISSALS:

- None

III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:

REFERRALS:
1. On August 23, 1999, pre-trial inmate
made a three-way telephone call to an un~nnwn
community instructing people to flee the country because "the
feds were coming to get them." The prosecuting AUSA was
contacted and has subpoenaed the tape.
The case was also
referred to the FBI.
TRIALS/SENTENCING:
1. United States v. Wade Smith Cr. No.
(SONY)
On September 13, 1999, former MCC NY Lieutenant Wade Smith pled
guilty to a number of charges, including introduction of

4346

(

... -

(

contraband (cosmetics , jewelry, and clothing).
Sentencing
(max i mum term of imprisonment is 6 months) is scheduled for
October .
5

2. U.S. v. Doris Johnson, Cr . No.
(SONY)
On September 14 , 1999 , former MCC NY correctional officer Doris
Johnson pled guilty to charges of sexua l contact with an inmate
(Class B misdemeanor - maximum term of imprisonment is 6 months) .
,Sentencing scheduled for January 26 , 2000.
MISCELLANEOUS
The Special Administrative Measures were renewed and delivered to
five inmates at MCC NY. The sixth inmate is scheduled to be
renewed later in September.
IV . TRAVEL AND LEAVE SCHEDULE FOR SEPTEMBER 1999 :
Travel - 9/27-- FMC Devens
9/28-- Boston - Attend Regional Director
meetings with U.S. Attorney , Ch i ef Judge ,
and Chief U.S. P . O.
9/29 -- FCI Ray Brook, present General
Counsel Paralegal Award to Howard Losiewicz
Annual Leave - None Scheduled
Travel - None Scheduled
Annua l Leave - 9/17/99

...

Travel - None Scheduled
Annual Leave - None Scheduled
Travel - None Scheduled
Annual Leave - None Scheduled
Travel - None Scheduled
Annual Leave - None Scheduled
Travel - 9/13-17 - - House Hunting - USP Lewisburg
Annual Leave - None Scheduled

PERSONNEL NOTES:

(

4347

"".

u.s. Department of Justice
Federal Bureau of Prisons

Nonheast Regional Office
u.s. Custom House
2nd & ChesmUi SlreelS
Philadelphill. PA 19106

October 14, 1999
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - September 1999

I. ADMINZSTRATZVE LEGAL ACTIVITIES - SUMMARY REPORT

(

...

A. Administrative Remedies - 1999
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
167
199
174
192

o

FEB
192
148
211
129
0

B. Administrative Tort

MAR APR MAY
129 144 114
192 129 168
177 159 121
144 114 161
000
Cla~s

JUN
161
186
178
169

JUL
169
170
192
147

o

o

AUG
147
206
189
164
0

SEP OCT NOV DEC
164
225
173
216

o

- 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 245 242 255 246 201 211 220 234 243
Rec'd in month 54 63 70 54 68 78 86 68 72
o 3 133 1 o 1 1
Recons. rec'd
Ans'd in month 57 53 80 102 61 70 72 60 30
Pending at End 242 255 246 201 211 220 234 243 286
o 000 0 o o o o
Over 180 days

C. Tort

Cla~

Investigation Status:

As of September 30, 1999

ALF ALM ALP ALW BRO DAN DEV FAI FTD LEW LOR MCK NYM OTV RBK SCH
Pending

5

5

9

1

8

9

0

2

7

10

1

5

5

3

13

7

(

Over 60 days

0

0

0

0

0

0

0

0

0

0

0

0

0

0

6

0

\

4372

2

(

D. FOI/Privacy Act Requests - 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

14
24
22
16
5

16
29
27
18
2

18
31
42
7
2

55
30
32

32
24
34
22

2

2

7

E. FOIA Requests for records:
Pending
>20 days

II.

22
49
44
27
1

27
43
36
34
1

35*
40
36
31
2

31
45
35
41
4

As of September 30, 1999

ALF ALM ALP ALW BRO DAN DEV FAI FTD LEW LOR MCK NYM OTV RBK SCH NER
3
0
6
0
1
5
1
0
1
5
1
6
2
0
7
3
0
0
0
0
0
0
2* 0
0
0
2* 0
0
0
0
0
0
0
* Archived records

LITIGATION ACTIVITY - 1999 NORTHEAST REGION

A. SUMMARY REPORT
Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

B.

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
633 636 642 642 651 660 498 499 496
11 16 23 22 20 12 10 12 14
7
7
7
6 12 10
6
5
5
1

3

3

5

7
6

1

2
2

4

2

8

·8

5
23

°o °

4

4

4

3
3

1

o
8
13

SETTLEMENTS/A~S/ADVERSE

o

\

o
°
15

18
11 174

1
2
1

o

7
9

1
5
1

o

3

6

°o

11
8
15 192

OPINIONS:

1)

\

2
3

Trudeau v. Bureau of Prisons, 95-2266 (D. Conn.) - Three
inmates, formerly at FCI Danbury, contend that, in 1992 and 1993,
the defendants failed to follow the Bureau of Prisons common fare
menu and served them meals that were not nutritionally-balanced.
They claim that staff at FCI Danbury retaliated against them
after they made complaints about the common fare meals and the
preparation of such meals.
Discovery in this case concluded in
1996 and it resurfaced during the week of July 19, 1999.
Trial
was scheduled for seven days beginning October 26, 1999. On
October 7, 1999, at the urging of the magistrate judge conducting
the settlement conference, a tentative settlement agreement was - the case would be converted to an FTCA matter and settled for a
total of $20,000 to avoid costs of trial.

4373

u.s. Department of Justice
Federal Bureau of Prisons
Nonheast Regio1UJl Office
U.S. Custom House
2nd &: Chumut SIrens
Phi/QdelphiD, PA 19106

November 9, 1999

MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS

(
"

FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - October 1999

Z. ADMJ:NZSTRATXVE LEGAL ACTZVITZES -

SOMNARY REPORT

A. Administrative Remedies - 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

167
199
174
192

o

192
148
211
129
0

B. Administrative Tort

129
192
177
144
0

144
129
159
114
0

C1a~s

114
168
121
161
0

169 147 164
170 206 225
192 189 173
147 164 216
000

161
186
178
169
0

216
187
227
176

o

- 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 245 242 255 246 201 211 220 234 243 286
Rec'd in month 54 63 70 54 68 78 86 68 72 70
o 313 3 1 o 1 1 1
Recons. rec'd
Ans'd in month 57 53 80 102 61 70 72 60 30 69
Pending at End 242 255 246 201 211 220 234 243 286 288
o o
o 000 0 o o 0
Over 180 days

As of October 31, 1999

C. Tort C1a±m :Investigation Status:

ALF ALM ALP ALW BRO DAN DEV FA! FTD LEW LOR MCK NYM OTV RBK SCH

(

Pending

5

6

9

2

6

10

2

0

4

9

0

7

5

3

7

6

\

Over 60 days

0

0

0

0

0

0

0

0

0

0

0

2

1

0

0

3

3557

(r

2

D. FOZ/Privacy Act Requests - 1999
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
14
24
22
16
5

FEB
16
29
27
18
2

MAR
18
31
42
7
2

APR
7
55
30
32
2

B. FOLA Requests for records:
Pending
>20 days

MAY
32
24
34
22
2

JUN
22
49
44
27
1

JUL
27
43
36
34
1

AUG
35*
40
36
31
2

SEP
31
45
35
41
4

OCT NOV DEC
41
40
48
33
1

As of October 31, 1999

ALF ALM ALP ALW BRO DAN DEV FA! FTD LEW LOR MCK NYM OTV RBK SCH NER
1
2
2
2
1
1
1
1
4 10
1
1
0
0
5
1
0
0
0
0
0
1* 0
0
0
0
0
0
0
0
0
0
0
0
* Archived records

LXTZGATION ACTZVITY - 1999 NORTHEAST REGION

II.

A. StJMNARY REPORT

(.
\.

... ...
~

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

B.

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
633 636 642 642 651 660 498 499 496 318
11 16 23 22 20 12 10 12 14 12
6
7
5
5
5
6 12 10
7
7
3
1
4
2
1
5
7
4
3
1
6
3
5
2
3
4
2
6
5
3
0
0
0
3
1
1
1
2
0 -I
0
0
0
0
0
0
0
2
0
0
7 11
8
9
8 18 15
5
4
2
192
174
9
15
13
8
8 23 13 11

SETTLEMENTS/A~S/ADVERSE

OPINIONS:

None

c.

(
'-

REARZNGSlTRIALS:

-

1) Strong v. U.S., CV-99-6551 (EDNY) - On November 1, 1999,
a hearing was held on a motion by Derryl Strong, a former staff
member arrested in the "Badfellas" case in 1997, to enjoin the
MDCBrooklyn from evicting him from staff housing at Dayton
Manor. On October 14, 1999, Strong obtained a restraining order,
enjoining the United States from interfering with his property.
Strong was using this motion to attempt to challenge the
underlying order terminating his employment. The Court agreed
with our position that there was no jurisdiction to review the

3558

c.

3
underlying termination order. The Court also agreed that the
Warden acted properly in terminating the lease and ordered the
staff member to vacate the premises by November 5, 1999.
Azzmeiah Vazquez, Attorney Advisor, represented the MOC Brooklyn.
2) Bracciodieta v. U.S., 97-445(M.O.PA) - In this Bivens case,
Inmate Charles Bracciodieta, 14674-018, alleged that he was
beaten by staff while handcuffed in the Special Housing Unit at
USP Allenwood.
Jury trial occurred during first week of
November. The Jury returned a verdict in favor of all Bureau
staff on November 5, 1999.
USP Allenwood Attorney Advisor Nellie
Torres assisted the AUSA.
3)Rios v. Wiley, 99-3297(3d Cir) - On November 1, 1999, oral
argument was held before the United States Court of Appeals for
the Third Circuit. The issue before the court was whether, under
18 U.S.C. 3585(b), Mr. Rios was entitled to prior custody credit
for the period of time he was housed on federal writ (approx. 22
months) that had already been credited to his state sentence.
The District Court, relying on Brown v.
Perrill, 28 F.3d 1073
(10th Cir. 1994), held extended time on federal writ transmuted
into federal custody and ordered that Mr. Rios receive the
credit.
Pursuant to this order, he was released from FPC
Allenwood in February 1999. At argument, the Court focused on
whether an inmate has any due process rights when the BOP
disregards language in the J&C which orders prior custody credit,
and whether the government should be estopped from denying prior
custody credit since the inmate's sentencing was delayed due to
his cooperation with the government. The case was argued by
Michael Tafelski, Deputy Regional Counsel, who was assisted by
Doug Goldring, Attorney, FCI Allenwood.
D. RELXGIOOS CASES:
1) Ash-Bey v. Fauntleroy, Civ. No. 98-1447 (D.N.J.) - In
Thomas Ash, 22468-044, alleged in his civil rights compl.
while housed at FCI Fort Dix his rights were violated by
who denied him his First Amendrn~nt right to the free exe~
his religion by not allowing him to wear a particular typ
religious headgear and pins on the main compound and that
disciplined him and transferred him because of his attempt
exercise his religion.
Due to the potential applicability of
RFRA, DOJ recently approved private representation for the BOP
defendants.

(
E. ENSIGN AMENDMENT CASES: - No new activity

3559

4

F. PLRA 1915 DZSMISSALS:

- None

III. CRIHXNAL REFERRALS/PROSECUTIONS/TRIALS:
REFERRALS:
1) In
inmate
determi
balloons

r

marijuana.

n visiting room staff observed
ingest what was later
e nmate in a dry-cell, to be several
case-has been referred.

25, 1999, FCI Fort Oix inmate
was stabbed seven times by approximately 1
The investigation continues into possible ·assailants.
has been referred.

~ber

111111111111

and video cameras,
assault_

2.) On October 25

served inmate

(

TRIALS/SENTENCING:
1) United States v. Tony Jake, 4:CR-99-0024 (MDPA)
Inmate Tony Jake, 77920-012, is charged with the stabbing murder
of inmate Santos Rosario, 42363-066, at USP Lewisburg on October
8, 1991. Trial is scheduled for December 2, 1999
2) Be-sentencing of World Trade Center Bombers
On October 13, 1999, Judge Duffy, (SONY) re-sentenced the four
original World Trade Center bombers to the following: Ajaj,
40637-053, 114 years 'and 10 months; Abohalima, 28064-054,
108 years and four months; Salameh, 34338-054, 117 years and one
month; and Ayyad, 16917-050, 117 years and one month.
TRAVEL AND LEAVE SCHEDULE FOR NOVEMBER 1999:
Travel - 11/16-19- OGC Meeting & New Attorney Trg.
Annual Leave - None Scheduled
Travel - None Scheduled.
Annual Leave - 11/19 and 11/26.

(
"

Travel - None Scheduled
Annual Leave - 11/24 and 11/26

3560

l~ rz~

~

U.s. Department of Justice
Federal Bureau of Prisons

Nonheast Regional Office
U.S. CWlom Howe

2nd & Chestnlll Streets
PhilDdelphill. PA 19106

December 8, 1999
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS

..

,

C. .

FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - November 1999

x.

ADMl:NISTRAT:tVE LEGAL ACTIVITXES - S'OMMARY REPORT

A. Admi.nistrative Remedies - 1999
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
167
199
174
192
0

FEB
192
148
211
129
0

MAR
129
192
177
144
0

APR
144
129
159
114

a

MAY
114
168
121
161
0

JUL
169
170
192
147
0

JUN
161
186
178
169
0

AUG
147
206
189
164
0

SEP
164
225
173
216
0

OCT
216
187
227
176
0

NOV DEC
176
200
187
189
0

B. Administrative Tort Claims - 1999
Pending on 1st
Rec'd in month
Recons. rec'd
Ans'd in month
Pending at End
Over 180 days

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
245 242 255 246 201 211 220 234 243 286 288
68 78 86 68 72 70 69
63 70 54
54
1
0
1
1
3
3
1
1
3
0
0
57 53 80 102 61 70 72 60 30 69 69
242 255 246 201 211 220 234 243 286 288 288
0
0
a a 0 0 a a 0 a 0

C. Tort Cl.aim Investigation Status:

As of November

30, 1999

ALF ALM ALP ALW BRO DAN DEV FA! FTD LEW LOR MCK NYM OTV RBK 5CB

(

Pending
Over 60 days

7
0

5
0

16
0

2
0

15
0

15
0

1
0

2
0

3578

7
0

17
0

2
0

6
0

7
0

5
0

10
0

2
1

(

2

D. FOI/Privacy Act Requests - 1999
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
14
24
22
16
5

FEB
16
29
27
18
2

MAR
18
31
42
7
2

APR
7
55
30
32
2

E. FOIA Requests for records:
Pending
>20 days

MAY
32
24
34
22
2

JUN
22
49
44
27
1

JUL
27
43
36
34
1

AUG
35*
40
36
31
2

SEP
31
45
35
41
4

OCT
41
40
48
33
1

NOV DEC
40
30
50
20
3

As of November 30, 1999

ALF ALM ALP ALW BRO DAN DEV FAI FTD LEW LOR MCK NYM OTV RBK SCH NER
1
1
2
5
0
1
2
0
2
1
0
1
0
1
1
1
1
0
0
0
0
0
1* 0
0
1* 0
0
0
0
0
1* 0
0
* Archived records

LITIGATION ACTiVITY - 1999 NORTHEAST REGiON

II.

A. StlMNARY REPORT

(..........
""

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

B.

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
633 636 642 642 651 660 498 499 496 318 317
8
11 16 23 22 20 12 10 12 14 12
7
6 12 10
7
5
5
7
5
5
6
0
7
3
5
1
4
4
2
1
3
1
6
2
5
2
5
6
3
3
4
3
2
0
0
0
3
0
1
1
2
1
1
0
0
0
1
0
0
0
0
0
0
0
2
8
7 11
9 11
2
5
8 18 15
4
9 15 192 13 12
8
8 23 13 11 174

SETTLEMENTS/A~S/ADVERSE

OPINIONS:

None

c.

HEARiNGSlTRiALS:

-

1) Bracciodieta v. U.S., 97-445 (MDPA) - In this Bivens case,
Inmate Charles Bracciodieta, 14674-018, alleged that he was
beaten by staff while handcuffed in the Special Housing Unit at
USP Allenwood.
Jury trial occurred during first week of
November.
The Jury returned a verdict in favor of all Bureau
staff on November 5, 1999.
USP Allenwood Attorney Advisor Nellie
Torres assisted the AUSA.

(

3579

3

2) Reiss v. Director. Bureau of Prisons. et.al., 99-CV-7383
(EDNY) - On December 1, 1999, Judge Weinstein held a hearing on a
mandamus type action challenging the medical care and treatment
being provided to inmate Mahir Reiss, 48466-053 after his
transfer to FCI Otisville from FMC Rochester.
Inmate Reiss and a
Physician Assistant from FCI Otisville both testified via
telephone. The inmate was represented by attorney Nathan Lewin,
who requested extended community confinement placement as relief.
The court denied relief because the inmate had not exhausted his
administrative remedies. The AUSA was assisted by FCI Otisville
paralegal Ros Bingham and Deputy Regional Counsel Michael
Tafelski.
D. RELIGIOUS CASES:

{
\-. ...

1) Ash-Bey v. Fauntleroy, Civ. No. 98-1447 (D.N.J.) - No new
activity in this Bivens case in which private counsel has been
approved by DOJ. Inmate Thomas Ash, 22468-044, alleged that while
his rights were violated by FCI Fort Dix staff who denied him his
First Amendment right to the free exercise of his religion by not
allowing him to wear a particular type of religious headgear and
pins on the main compound and that staff disciplined him and
transferred him because of his attempts to exercise his religion.
E. ENSIGN AMENDMENT CASES: -

F. PLRA 1915

DIS~SSALS:

No new acti vi ty

- Two

Ill:. CRIMINAL REFERRALS/PROSECUTIONS/TR:IALS:

REFERRALS:
1) USP ALLENWOOD - 6 referrals (2 inmate on inmate assaults, 2
minor staff assaults, 1 threatening letter and 1 possession of an
8" sharpened. rod found in a light fixture).
2) Fcr Allenwood - 2 referrals (1 alleged rape of an inmate, 1
inmate on inmate assault).

\

3) LSCI Allenwood - 7 referrals (4 inmate on inmate assaults, 1
stolen property, and 2 minor staff assaults)

",

3580

(

4

4) USP Lewisburg - On November 14, 1999, inmate . . . . . . . . . . . . . .
17398-018 assaulted another inmate with a razor~g
three substantial lacerations. The case has been referred for
prosecution.
TRIALS/SENTENCING:
1) On November 2 , 1999, FCI McKean inmate
039, was indicted in the Western District
introduction of 24 balloons of marijuana
visiting room at FCI McKean on August 12,

Vennis Liles, 16809of Pennsylvania for
(28.5 grams) into the
1999.

2) On November 10, 1999, USP Allenwood inmate John Kenney, 05238041 was indicted for resisting assault and possession of weapon
resulting from September 1999 assault on Unit Manager.
3) On November 15, 1999, USP Allenwood inmate Carlos Garcia,
44303-080, was sentenced in the Middle District of Pennsylvania
to one year consecutive for simple assault on a correctional
officer which did not result in any injury.
(

4) On November 16, 1999, FCI Loretto inmate Harry Scott, 32798037, was indicted in the Western District of Pennsylvania for
assaulting a correctional officer (striking the officer's arm
with his fists) who ordered two inmates to stop fighting.
5) On November 16, 1999, former MCC New York Lieutenant Wade
Smith was sentenced in the Southern District of New York to six
months probation after a guilty plea to a misdemeanor for his
involvement in the introduction of contraband (cosmetics and
clothing) into MCC New York.
6) On November 22 , 1999, former USP Allenwood Case Manager Dawn
Martin was sentenced in the Middle District of Pennsylvania to a
two year term of probation for her involvement in the
introduction of contraband into USP Allenwood.

TRAVEL AND LEAVE SCHEDULE FOR DECEMBER 1999:

Travel - None Scheduled
Annual Leave - 12/10, 12/27 - 12/30

(

Travel - None Scheduled
Annual Leave - 12/20 - 12/23

3581

o.s.

Department of Justice

Federal Bureau of Prisons
Northeast Regional Office
u.s. Custom House
2nd & Chestnut Streets
Philadelphia, PA 19106

January 14, 2000
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - December 1999

I. ADMDJISTRATVIE LEGAL ACTIVJ:'1'IES - StlNMARY REPORT

A. Administrative Remedies - 1999

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN FEB MAR APR MAY
167 192 129 144 114
199 148 192 129 168
174 211 177 159 121
192 129 144 114 161
00000

B. Administrative

~ort C1a~s

JON
161
186
178
169
0

JUL
169
170
192
147

AUG
147
206
189
164
o 0

SEP
164
225
173
216

o

OCT NOV DEC
216 176 189
187 200 174
227 187 212
176 189 151
000

- 1999

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 245 242 255 246 201 211 220 234 243 286 288 288
Rec'd in month 54 63 70 54 68 78 86 68 72 70 69 55
Recons. rec'd
o 3 1 331 o 1 1 1 o 2
Ans'd in month 57 53 80 102 61 70 72 60 30 69 69 50
Pending at End 242 255 246 201 211 220 234 243 286 288 288 295
00000
0
Over 180 days
o 0 o 0 o 0
C. Tort

(
\.

C1a~

Pending
Over 60 days

Investigation status:

As of December 31, 1999

ALF ALM ALP ALW BRO DAN DEV FAI FTD LEW LOR MCK NYM OTV RBK SCH
3
4 17
0 16 16
1
2 11
7
3 10
1
2 11
4
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2

3611

2
D.

FOI/Priva~

Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

Act Requests - 1999

JAN
14
24
22
16
5

FEB
16
29
27
18
2

MAR
18
31
42
7
2

APR MAY JUN
7 32 22
55 24 49
30 34 44
32 22 27
221

JUL
27
43
36
34
1

AUG
35
40
36
31
2

SEP
31
45
35
41
4

OCT
41
40
48
33
1

NOV
40
30
50
20
3

DEC
20
33
36
17
7*

* Six of the late FOIAs were received in Central Office in
November but not received in NERO until mid-December.
B. !'OZA Requests for records:

As of December 31, 1999

ALF ALM ALP ALW BRO DAN DEV FAI FTC LEW LOR MCK NYM OTV RBK SCH NER
Pending
>20 days

II.

0
0

0
3
0
0
0
0
0
0
* See note above.

0
0

0
0

1
0

1
1

0
0

1
0

3
0

1
0

1
0

3
0

1
0

2
6*

LITIGATION ACTIVITY - 1999 NORTHEAST REGION.

A. Stnea.RY :REPORT

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
633 636 642 642 651 660 498 499 496 318 317 313
11 16 23 22 20 12 10 12 14 12
8 11
7
7
7
6 12 10
6
5
5
5
5
4
3
1
7
442
1.
1
3
5
0
2
56433
3
2
5
6
2
2
5
o 1 2 130 1 1 o
o o 2 0 0 0 o 0 o 0 10 0
7 11
2
5
8 18 15
8
9 11
9
4
9 15 192 13 12
8 23 13 11 174
6
8

°

°

B. SETTLEMEN'l'S/AWARDS/ADVERSE OPINIONS:

l)George Harris v. United States, Civ. Action No. 98-6745(D.N.J.)
FTCA case filed by former inmate George Harris, Reg. No. 48574066, who alleged inadequate medical care at FCI Fort Dix after
injuring his leg, resulted in a bone infection. The Assistant
u.s. Attorney and her retained experts suggested a strong
probability of liability regarding proper follow up· care after
his surgery. The case was settled for $95,000 at a pre-trial
settlement conference.
(

2)Rios v. Wiley, 99-3297 (3d Cir) - On January 4, 2000, the Third
Circuit affirmed the District Court's grant of credit to Mr.

3612

.\\

n

L~
-}

(

3

Rios.
On November 1, 1999, Michael Tafelski present oral
argument on the issue of whether Rios was entitled to prior
custody credit for the period of time he was housed on federal
writ (approx. 22 months) that had already been credited to his
state sentence.
The District Court, relying on Brown v.
Perrill, 28 F.3d 1073 (10th Cir. 1994), held extended time on
federal writ transmuted into federal custody and ordered that Mr.
Rios receive the credit, resulting in Rios's release.
The Third Circuit affirmed on different grounds.
It held that
based on the language in the sentencing order and sentencing
transcript, the federal sentencing judge in the Southern District
of New York intended to apply Section 5G1.3(c) of the Sentencing
Guidelines and the sentence for Rios should be construed as 68
months, not the 90 months listed on the J & C.
The Court of
Appeals held the Bureau was correct in that the inmate was not
entitled to double credit under 18 U.S.C. § 3585(b) and the Court
of Appeals
d a fundamental di
deci .

(,

3)Lastra v. United States.
4:CV-98-0785 (MDPA) In a FTCA case,
former inmate Jorge Lastra, 42663-066, alleged that medical staff
at USP Lewisburg were negligent in treating his foot condition in
June and July 1995. Mr. Lastra further alleges that he suffered
permanent injury and scarring and that he continues to need
medical care at this time. At a settlement conference, a
district judge recommended a settlement of $45,000.
Based upon a
strong request from the U.S. Attorney's office, the case was
settled for $45,000.
C. HEARINGS/TRIALS: -

(

l)United States v. Peter Rollack, S11 97 Cr. 1293 (SDNY) On
December 29, 1999, Judge Cedarbaum held a conference concerning
the placement of inmate Peter Rollack, 12874-058, in
administrative detention at MCC New York.
Clinton Stroble
attended the conference.
The Court was advised inmate Rollack
was placed in AD because he is considered a high security risk
with the potential to carry out his threats to murder government
cooperators.
The inmate also raised issues concerning the
conditions of this confinement. The Court was advised of MCC New
York's operations and, although satisfied, the Judge suggested
both sides try to work together to resolve the issues. On
January 4, 2000, inmate Rollack pled guilty to all counts and is
facing a mandatory sentence of life imprisonment.
Sentencing is
scheduled for March 24, 2000.

3613

tt)

4

2)U.S. v. Bin Laden. et al., 98 Cr. 1023 (SONY). MCC New York
Attorneys Dominique Raia and Clinton Stroble continue to work
closely with the AUSAs regarding the conditions and restrictions
faced by inmate Wadih El-Hage, 42393-054. On January 11, 2000, a
hearing was held on the inmate's motion for bail, or in the
alternative, for modification of the conditions of his detention.
Warden Hasty and Clinton Stroble attended the hearing. The
defendant argued that his present conditions of confinement,
combined with anticipated duration, significa
erferes
t

ge an or
e government have a psychologist examine the defendant. The
Warden agreed to a slight extension of the length of telephone
calls to family and to provide a non-concrete chair in his cell.
The inmate also objected to bein stri searched each time he
nted to recreate.

(

, ..

~

...

The Court found no constitutional violations, but noted it may
continue to monitor the inmate's conditions of confinement. The
Court denied the defendant's application for bail based upon the
government's showing that time has not diminished the defendant's
threat. The Court would not interfere with the security concerns
regarding strip searches. The Court directed the Warden, U.S.
Attorney's Office,. u.s. Marshal Service, and the defendant's
attorney to explore every reasonable alternative to address the
conditions of his confinement and provide a written response
within two weeks.
3) FMC Devens Mental Health Hearings: In December FMC Devens
staff attorney Darrel Waugh assisted the U.S. Attorneys Office
for the District of Massachusetts with two commitment hearings.
Both hearings, held pursuant to 18 U.S.C. 4245, were successful,
with the Court finding the inmates needed to be committed for
hospitalization. u.s. v. Houston. 99 CV 12221-JLT; u.S. v.
Frierson 99 CV 10395-REK.
D. RELIGIOUS CASES:
1) Ash-Bey v. Fauntleroy, Civ. No. 98-1447 (D.N.J.) - No new
activity in this Bivens case in which private counsel has been
approved by DOJ.
E. ENSIGN AMENDMENT CASES: - No new activity

3614

tiS

(

5

F. PLRA 1915 DISMISSALS:

- None

III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:

REFERRALS:
1) USP ALLENWOOD - 4 referrals (2 minor inmate on staff assaults,
1 minor inmate on inmate assault, 1 possession of a narcotics (4
envelopes of marijuana)).
2) FCI Allenwood - 5 referrals (4 minor assaults on staff, 1
possession of narcotics ) .
3) LSCI Al lenwood - 1 referral (Inmate on staff assault - several
injuries . Case has been accepted for prosecution)
4) USP Lewisburg - 1 referral (D iscov ery of 2 small bags of
heroin inserted in incoming mail )
5) FMC Devens - 2 referrals (2 minor inmate on staff assaults.
Prosecution declined.)
TRIALS/SENTENCING:
1) On December 10, 1999, former MDC Brooklyn Correctional Officer
Peter Negron was sentenced to one month term of imprisonment and
three years supervised release for his role in the "Badfe1las"
case . He had pled guilty to one count of bribery.
He has a
voluntary surrender date o f February 9 , 2000 .
TRAVEL AND LEAVE .SCHEDULE FOR JANUARY 2 0 0 0 :

Travel - None Scheduled
Annual Leave - None Scheduled
Travel - None Scheduled
Annual Leave - None Scheduled
Travel - None Scheduled
Annual Leave - None Scheduled
Travel - GLYNCO 1110 - 1 /2 8
Annual Leave - None Scheduled
Travel - OGC - None Scheduled
Annual Leave - None Scheduled

3615

 

 

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